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GENERAL   LAWS 


OF   THE 


EzsiTi^A.  SEssionsr 


OF    THE 


IINTII  LEGISLATURE, 


OF   THE 


STATE    OF    TEXAS. 


I»TJBX.ISI3:Er)   DB'Sr    -A.XJTIIOPlIT'Sr. 


AUSTIN: 

PRINTED  AT  THE  OFFICE  OF  THE  TEXAS  ALMANAC. 

28334 


O^ENEHAL  LA^WS. 


CnAPTER  T. 

AN  ACT  to  authorize  the  Supreme  Court  of  the  State,  for  the  Galveston  Dktrict^ 

to   hohl  its  Spring  term  at  the  city  of  Aufitin. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Supreme  Court  of  the  State,  for  the  Galveston  District,  is  hereby  authorized 
to  hold  its  Spring  term,  for  the  year  1803,  at  the  city  of  Austin. 

Sec.  2.  That  the  Judge^s  of  said  Court  are  hereby  authorized  to  have  the 
records  and  papers  appertaining  to  the  Supreme  Court  of  said  Galveston 
District  removed  to  the  city  of  Austin,  to  be  kept  separate  and  apart  from 
the  records  and  papers  of  the  Austin  District,  and  to  be  returned  to  the 
Ualveston  District  upon  the  adjournment  of  said  Court. 

Skc.  3.  That  this  act  shall  take  effect  and  be  ia  force  from  and  after  its 
passage. 

Approved  February  9th,  1S63. 


CHAPTER  ir. 

AN  ACT  in  relation  to  Judicial   Proceedings  in    Counties   in  possession  of  or 

endangered  by  tlie  enemy. 

Sfxtion  1.  Be  it  enacted-  by  the  Legislature  of  th-e  State  of  Te^as,  That 
during  the  continuance  of  the  war  between  the  Confederate  States  and  the 
United  States,  should  any  enemy  of  the  Confederate  States  take  possession  of  any 
territory  witliin  any  county  of  this  State,  or  apparently  threaten  so  to  do,  so 
as,  m  the  judgment  of  the  Chief  Justice,  or  County  Court  of  said  county,  or 
of  the  Judge  of  the  District  Court  of  tho  District  in  which  such  county  is 
situated,  to  render  it  unsafe  or  improper,  in  view  of  the  public  interest,  to 
hold  the  District  or  County  Courts  of  such  county  at  the  court-house  of  the 
same,  or  to  keep  the  records  of  such  District  Court,  or  of  such  county,  at  the 
court-house  of  the  same,  it  shall  be  the  duty  of  the  Ch'ef  Justice,  County 
Court  or  District  Judge,  to  certify  such  fact  upon  the  records  of  the  county 
or  District  Court  of  such  county,  cither  in  term  time  or  vacation,  or  to  publish 
tho  same  in  some  public  manner,  which  act  may  be  done  either  within  or 
•without  such  county,  as  may  be  necessary  or  convenient  to  the  Chief  Justice, 
County  C<jurt  or  District  Judfe  acting.  And  after  such  certificate  may  have 
been  made,  it  shall  be  lawful  for  the  Chief  Justice,  the  County  Court,  the 
Clerk  of  the  County  Court,  the  Clerk  of  the  District  Court,  and  the  Sheriff 
of  such  county,  in  the  possession  of,  or  endangered  by  the  enemy,  to  keep 
their  oflfices,  and  to  discharge  the  duties  of  the  same  at  any  safe  place  within 
the  limits  of  such  county  that  may  be  indicated  by  the   Chief  Justice   or 


County  Court  of  sucTi  county,  or  by  the  Judge  of  the  District  Court  in  wliictt 
such  county  is  situated ;  and  the  sessions  of  the  District  and  County  Courts 
of  such  county  may  be  held  at  such  indicated  place  until  it  may  be  safe  to 
keep  sa-.d  offices  and  hold  said  court  at  the  regular  places  now  established  by 
law.  But  in  case  it  shall,  in  the  judgment  of  such  District  Judge,  Chief 
Justice  or  County  Court,  be  unsafe  to  keep  said  offices  and  hold  the  sessions 
of  said  courts  within  the  limits  of  such  county,  such  facts  shall  be  certified  in 
the  manner  hereinbefore  provided. 

Sec.  2.  In  case  said  offices  cannot  be  kept,  and  courts  held,  as  provided, 
in  the  foregoing  section,  it  shall  be  lawful  for  any  person  or  persons,  corpora- 
tion or  association,  having  any  right  of  action  which,  under  the  laws  in  force 
at  the  time,  could  be  sued  upon,  and  which  it  would  be  necessary  under 
existing  laws  to  bring  suits  upon  in  the  District  Court  of  such  county 
occupied  or  endangered  by  the  enemy,  to  commence  suit  thereon  iu  the 
District  Court  of  any  county  in  which  any  defendant  in  such  suit  may  be 
found,  or  of  the  county  not  in  like  manner  occupied  or  endangered  by  the 
enemy,  the  court-house  of  which  is  nearest  to  the  court-house  of  the  county  in 
which  such  suits  would,  but  for  the  provisions  of  this  act,  be  required  to  be 
commenced ;  and  all  process  issued  in  such  causes,  necessary  or  proper  to  be 
executed  in  such  county  occupied  or  endangered  by  the  enemy,  may  be 
executed  and  returned  by  the  Sheriff  of  the  county  in  which  the  cause  is 
pending,  or  by  the  Sheriffof  the  county  in  which  the  process  is  to  be  executed, 
or  by  any  lawful  deputy  of  either  of  such  Sheriffs.  And,  in  like  case,  the 
estates  of  deceased  persons  which,  under  existing  laws,  would  be  required  to 
be  opened  in  such  occupied  or  endangered  county,  may  be  opened  in  the 
County  Court  of  the  county  not  in  like  manner  occupied  or  endangered  by 
the  enemy,  the  court-house  of  which  is  nearest  to  the  court-house  of  the 
county  in  which  such  estate  would,  but  for  the  provisions  of  this  act,  be 
required  to  be  opened ;  and  administrators  and  executors  may  be  appointed, 
wills  probated,  and  such  estates  administered  upon  in  the  county  where  they 
may  be  opened.  In  like  case,  all  persons  who  have  violated  any  criminal  law 
of  the  State,  or  shall  hereafter  do  so,  for  which,  under  existing  laws,  they 
would  be  liable  to  be  tried  in  any  such  county  occupied  or  endangered  by  the 
enemy,  shall  be  liable  to  be  proceeded  against  and  tried  in  the  District  Court 
of  the  county  not  in  like  manner  occupied  or  endangered  by  the  enemy,  the 
court-house  of  which  is  nearest  to  the  court-house  of  the  county  in  which  the 
crimes  for  which  the  party  is  to  be  tried  may  be  charged  to  have  been 
committed. 

Sec.  3.  Immediately  upon  the  termination  of  the  war  between  the 
Confederate  States  and  the  United  States,  all  civil  and  criminal  causes  and  all 
administrations  and  proceedings  in  relation  to  the  estates  of  deceased  persons 
which  may  have  been  commenced  and  may  then  be  pending  and  undetermined 
in  any  county  in  which  such  cause  or  piocoeding  could  not  have  been 
commenced  but  for  the  provisions  of  this  act,  shall  be  transferred,  unless 
the  parties  to  the  record  in  such  causes  shall  otherwise  agree,  in  writing,  to 
the  proper  court  of  the  county  in  which  such  cause  or  proceeding  would  have 
been  required  to  have  been  commenced  but  lor  the  passage  of  this  act,  and 
like  proceedings  shall  there  be  had  therein  as  though  such  cause  or  pro- 
ceedings had  originally  been  commenced  in  such  court;  and,  for  the  purpose 
of  making  such  transfer,  the  clerk  of  the  court  in  which  such  cause  or 
proceeding  may  be  pending,  shall  make  out  and  certify,  under  the  seal  of  the 
court,  a  correct  transcript  of  all  the  proceedings  had  in  such  cause  in  such 
court,  and  transmit  the  same,  together  with  all  of  the  original  papers  in  the 
cause,  to  the  proper  court. 


Skc  4.  Tbis  act  is  not  intended  to  be  construed  to  repeal  any  laws  now  in 
force,  but  to  be  in  addition  thereto;  and  so  far  as  it  ma)' conflict  with  the 
provisions  of  an}' existing  law,  such  provisions  siiall  so  far  as  relates  to  the 
matters  herein  provided  for,  be  suspended  during  the  time  this  act  shall  be 
in  force  ;  and  this  act  shall  take  effect  from  its  passage,  and  shall  be  in  I'orce 
durine:  tiie  continuance  of  the  war  between  the  Confederate  States  and  the 
United  States,  and  no  longer. 

Approved  February  25(h,  18G3. 


CHAPTER  irr. 

AN  ACT  toprescrihe  the  residence  of  County  Surveyors. 

Sf.ction  1.  Be  it  ena'/fedhy  the  LegisJatvre  of  the  State  of  rcrf?."?,  That  the 
County*  Surveyors  of  the  soveral  counties  of  tl)is  State  shall  reside  within 
tlicir  respective  c.Huitics,  and  keep  their  offices  at  the  county  seats  thereof; 
and  in  all  cases  where  the  County  Surveyors  do  not  reside  at  the  cnunty 
eeats  of  their  respective  counties,  they  shall,  and  are  hereby  required  to  have 
deputies  in  their  respective  offices  residing  at  said  county  seats,  wlio  shall 
keep  their  offices  open,  and  the  records  thereof  subject  to  the  examination  of 
any  person  iiitereNtcd  therein. 

Sec.  2.  That  all  laws,  so  far  as  they  conflict  with  the  provisions  of  this 
act,  be  and  the  same  are  hereb}""  repealed,  and  that  this  act  take  clfect  from 
and  after  its  passage. 

Approved  February  25tb.  1863. 


CHAPTER  \V. 

An  ACT  to  amend  the  nin^eteenth^  ticentieth  and  forty-seventh  scctio7is  of  An  Act 
entitled  '^  An  Act  to  regulate  proceedings  in  the  County  Courts,  jjertaining  to 
estates  of  deceased  persons,''^  approved  March  20(h,  A.  £>.,  1848. 

Skction  I.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That 
section  nineteen  of  the  act  recited  in  the  caption  hereof,  shall  hercnfter  read 
as  follows:  Before  the  issuance  of  letters  testamentary,  or  of  administration 
with  the  will  annexed,  th?  person  named  executor,  or  ajipointed  administrator 
with  the  will  annexed,  sliall,  before  the  Clerk  or  Chief  Justice  of  any  County 
Court  in  this  State,  or  before  any  Justice  of  the  Peace  in  the  coimty 
where  the  application  for  such  letters  is  made,  take  and  subscribe  an  oath,  in 
form,  as  follows:  I  do  solemly  swear  that  the  writing  which  has  been  offered 

for  probate  is  the  last  will  of so  far  as  I  know  or  believe;  and   that  T 

will    well  and    truly  perform  all   the   duties  of  executor  of  said   will,  or  of 

administrator  with  the  will  annexed,  of  the  estate  of  the  said (as  the 

case  may  be.) 

Sk.c.  .;i.  That  section  twenty  of  said  act  shall  hereafter  road  as  follows: 
Before  the  issuance  of  letters  of  administration,  the  person  appointed 
administrator  shall,  before  the  Clerk,  or  Chief  Justice  of  any  coimty  in  the 
State,  or  before  an)-  Justice  of  the  Peace  in  the  county  where  ajtplication  for 
such    letters  is   made,  take  and   subscribe  an  oath,  in  form,  as  follows :  I    do 

solemlj-  swear  that deceased,  died   without   leaving  any  lawful  will,  so 

far  as  i  know  or  believe,  and  that  I  will  well  and  truly  perform  all  the  duties 
of  administrator  of  the  estate  of  said 

Skc.  3.  That  section  forty-.seven  of  said  act  shall  hereafter  read  as  follows  : 
That  every  claiin  for  money  against  a  testator,  or  intestate,  shall  be 
presented  to  the  executor  or  administrator  within  twelve  months  alter  the 


original  grant  of  letters  testamentary,  or  of  administration,  or  tbe  payment 
thereof  shall  be  postponed  until  the  claims  which  have  been  presented  within 
said  twelve  months,  and  allowed  by  the  (executor  or  administrator,  and 
approved  by  the  Chief  Justice,  or  established  by  suit,  shall  have  been  first 
entirely  paid :  Provided,lioipever,  That  if  the  executor  or  administrator  be 
absent  from  the  State  any  time  during  said  twelve  months,  the  time  of  such 
absence  shall  not  be  computed  against  the  holder  of  such  claim,  nor  taken  as 
a  part  of  the  time  limited  by  this  section. 

Sec.  4.     That  this  act  shall  take  effect  from  and  after  its  passage. 

Approved  February  25th,  1863. 

CHAPTER  V. 

AN  ACT  to  suspend  the  operations  of  the  Stray  Laics  for  and  during  the  existence 

of  the  2)rese7it  war,and  for  six  months  after  its  termination,  except  in  certain 

cases. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  from 
and  after  the  passage  of  this  act,  all  laws  and  parts  of  laws  providing  for 
the  estraying  of  stock  and  prescribing  the  course  of  proceedings  in  the  same, 
and  of  sclliing  stock  heretofore  estrayed,  shall  be,  in  all  things,  suspended  for 
and  duriiig  the  existence  of  the  present  war,  and  until  six  months  after  peace 
shall  be  concluded,  with  the  exceptions  hereinafter  mentioned. 

Sec  2.  That  any  person  may  have  the  right,  under  the  regulations  now 
in  force  for  estraying  stock,  to  estray  any  vicious  animal  or  breachy  stock  that 
is  likely  to  injure  the  stock  in  the  range  or  the  property  of  any  person,  and 
any  person  desiring  to  estray  any  such  stock  shall,  in  addition  to  the 
regulations  heretofore  prescribed,  prove  by  two  creditable  witnesses,  by  an 
affidavit  in  writing,  to  be  filed  with  the  papers  in  the  County  Clerk's  oflSce, 
that  the  property  estrayed  is  vicious,  breachy,  or  so  unruly  as  to  be  dangerous 
and  unfit  to  run  at  large. 

Sec  3.  That  this  act  take  effect  and  be  in  force  forty  days  after  its 
passage. 

Approved  February  25th,  1863. 


CHAPTER  VI. 

AN  ACT  to  suspend  all  Statutes  of  Limitations  on  civil  rights  of  action  of  every 

kind^  whether  reed  or  personal,  tmtil  one  year  after  the  close  of  the  war  hetween 

the  Confederate  Slates  and  the   United  States. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  estate  of  Texas,  That  all 
statutes  of  limitations  on  all  civil  rights  of  action  of  every  kind,  whether  real 
or  personal,  are  hereby  suspended  until  one  year  after  the  close  of  the  war 
between  the  Confederate  States  and  the  United  States: 

Provided,  That  the  limitation  upon  all  rights  of  action  for  iiijuries'done  to- 
the  person  of  another,  as  of  assault  and  battery,  wounding,  or  imprisonment 
and  for  injuries  done  the  character  or  reputation  of  another,  as  of  libel  oe 
slander,  shall  not  be  suspended  by  the  provisions  of  this  act. 

Sec  2.     This  act  shall  be  in  force  from  and  after  its  passage.. 

Approved  February  26th,  1863. 


I 


CHAPFER  Vri. 

AN  ACT  to  attach  the  county  of  Kendall  to  the  Fourth  Judicial  District,  and  to 

amend  an  Act  entitled  an  '■'■Act  to  attach  the  county  of  Blanco  to  the  Fourth, 

Judicial  District,  and  to  amend  an  Act  entitled  an  Act  to  provide  for  the  time 

of  holding  the  courts  of  the  several  counties  in  the   Fourth   Judicial  District, 

approved  2d  February,  1858." 

Section  1.  Be  it-  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
county  of  Kendall  be,  and  is  hereby  attached  to  the  Fourth  Judicial  District, 
and  that  the  first  section  of  the  above  recited  act  be  so  amended  as  to  read 
as  follows:  That  the  county  of  Blanco  be,  and  hereby  is  attached  to  the 
Fourth  Judicial  District, 

The  District  Courts  in  the  several  counties  of  said  District  shall  be  held 
as  folio. vs,  viz:  Beginning  in  the  county  of  Bexar  on  the  first  Mondays  of 
March  and  September,  and  may  continue  in  session  seven  weeks. 

In  the  county  of  Uomal  on  the  eighth  Mondays  after  the  first  Mondays  of 
March  and  September,  and  may  continue  in  session  one  week. 

In  the  county  of  Blanco  on  the  ninth  Mondays  after  the  first  Mondays  of 
March  and  September,  and  may  continue  in  session  one  week. 

In  the  county  of  Gillespie  on  the  tenth  Mondays  after  the  first  Mondays 
of  March  and  September,  and  may  continue  in  session  two  weeks. 

In  the  county  of  Kerr  on  the  twelfth  Mondays  after  the  first  Mondays  of 
March  and  September,  and  may  continue  in  session  one  week. 

And  in  the  county  of  Kendall  on  tlie  thirteenth  Mondays  after  the  first 
Mondays  of  March  and  September,  and  continue  in  session  until  the  busiiiees 
of  the  term  is  disposed  of. 

Sec.  2.  That  all  writs,  bonds,  recogniz-inces  and  process  of  all  kinds  that 
Lave  been  or  may  be  issued,  taken,  or  made  returnable  to  the  times  hereto- 
fore appointed  for  the  terms  of  said  courts,  shall  be  considered  and  taken  as 
made  for  the  times  herein  provided  for  said  courts. 

Skc.  3.  That  all  laws  and  parts  oi  laws  in  conflict  with  the  provisions  of 
this  act  be,  and  are  hereby  repealed,  and  this  act  take  effect  and  be  in  force 
from  and  after  its  passage.. 

Approved  March  2d,  1863. 


CHAPTER  Vin. 

AN  ACT  making  an  appropriition,  to  defray  the  contingent  expenses  of  tlu  Extra 

Session  of  the  Ninth  Legislature. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  six  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be,  and 
the  same  is  hereby  appropriated  to  pay  the  contingent  expenses  of  the  Extra 
Session  of  the  Ninth  Legislature. 

Sec  2.    That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  2d,  18G3. 


CHAPTER  IX. 

AN  ACT  maJcing  an  appropriation  for  the  mileage  and  per  diem  pay  of  th* 
members  and  the  per  dism  pay  of  the  Officers  of  the  Extra  Session  of  the  Ninth 
Legislature  of  tlie  State  of  Texas. 

Section  1,  Be  it  enacted  by  the  Legi-tlature  of  the  State  of  Texas,  That  the 
Bum  of  forty  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be, 
and  the  same  is  hereby  appropriated  out  of  any  money  in  the  treasury  not 


8 

otherwise  appropriated,  for  the  mileage  and  per  diem,  pay  of  the  members  and 
the  'per  diem  pay  of  the  officers  of  the  Extra  Session  of  the  Ninth  Legislature 
of  the  State  of  Texas. 

Sec.  2.  Tbat  the  certificate  of  the  Secretary  of  the  Senate  and  the  certifi- 
cate of  the  Chief  Clerk  of  the  House  shall  be  sufBcient  evidence  to  the 
Comptroller,  upon  which  he  shall  audit  the  claims  and  draw  his  warrants 
upon  the  Treasurer  for  the  respective  amounts. 

Sec,  3.  That  in  case  there  be  no  funds  in  the  treasury,  the  Comptroller 
shall  draw  his  warrants  upon  the  Treasurer;  one-tenth  of  each  claim  may  be 
issued,  if  the  claimant  desires  it,  in  one  dollai^  warrants.  For  the  other 
nine-teni  hs  of  the  claim  no  warrant  shall  be  drawn  of  a  less  denomination 
than  five  dollars. 

Sec.  4.     That  this  act  take  effect  from  and  after  its  passage. 

Approved  Mareh  3d,  1863. 


CHAPTER  X. 

AN  ACT  to  ijwcxire  Sjjecie  to  enahle  the  people  to  pay  the  Specie  Tax. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  the 
IMilitary  Board  be,  and  they  are  hereby  authorized  and  required  to  procure  an  ^ 
amount  of  specie  equal  to  four  cents  on  each  one  hundred  dollars  of  the 
assessment  of  the  State  taxes  for  the  3'ear  A.  D.  1862,  and  the  like  amount  upon 
the  amount  of  assessments  thereafter,  and  place  the  same  in  the  treasuiy  of  the 
State,  to  the  credit  of  the  interest  and  sinking  fund  created,  and  provided  for 
under  "  an  act  authorizing  a  loan  and  imposing  a  specific  t^x  to  meet  the  prin- 
cipal and  interest  thereof,  under  the  provisions  of  the  33d  section  of  the  7th 
article  of  the  Constitution  of  the  State,"  approved  April  8th,  1861,  and  that 
the  same  be  appropriated  to  no  other  use  or  purpose  whatever. 

Sec.  2.  That  to  enable  the  Military  Board  to  do  and  perform  the  duties 
imposed  on  them  by  the  1st  section  of  this  act.  they  are  hereby  authorized, 
and,  if  necessary,  required  to  employ  some  competent  person  or  persons  to 
purchase  cotton  and  have  the  same  transported  to  Mexico,  or  elsewhere,  and 
sold  for  specie,  and  to  bring  the  specie  thus  obtained  to  the  ti-easury  of  the 
State,  where  it  shall  be  deposited  as  provided  in  the  1st  section  >  f  this  act. 

Sec.  3.  It  shall  be  the  duty  of  the  Assessor  and  Collector  to  receive  from 
the  tax-payers,  instead  of  the  specie  taxes,  like  amounts  of  such  other  funds 
as  may  be  receivable  for  ordinary  taxes,  giving  receipts  therefor,  not  as  abso- 
lute payments,  but  to  be  exchanged  for  specie  at  the  treasury  so  as  to  obtain 
therefor  the  necessary  specie  for  complete  payments ;  and  it  shall  further  be 
the  duty  of  the  Collector  to  forward  the  funds  so  received,  and  co-operate 
with  the  Comptroller  in  making  said  exchange. 

Sec.  4.  That  the  sum  of  one  hundred  and  fifty  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  be,  and  the  same  is  hereby  appropriated 
to  enable  the  Military  Board  to  carry  into  effect  the  provisions  of  this  bill,  and 
they  are  hereby  empowered  to  use,  for  the  same  purpose,  any  securities 
which  the)^  may  have  in  their  possession  under  appropriations  heretofore 
made,  and  that  this  act  shall  be  in  force  from  and  alter  its  passage. 

Approved  March  3d,  1863. 


CHAPTER  XI. 

AN  ACT  to  he  entitledan  Act  authorizing  judgments  tobs  rendered  in  certain  cases, 
requiring  property  levied  upon  hy  execution  or  sale  tinder  deeds  of  trust  or  mort- 
gage^ to  bring  nine-tenths  of  its  appraised  valve. 

Skctio.v  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  in 
all  suits  now  pending,  or  hereafter  to  be  broutrlit  in  any  of  the  courts  of  this 
State  for  the  collection  of  money,  the  defendant  shall  be  allowed  to  plead 
and  prove  on  the  trial  of  the  same,  that  he  had  tendered  to  plaintili',  or 
owner,  or  person  in  possession  of  the  claini  sued  on,  or  their  ap;ent,  in  bonds 
or  notes  of  the  Confederate  States,  or  in  State  bonds  of  this  State,  the  sura 
due  on  the  same,  and  tliut  the  person  to  wiiom  the  tender  was  made  had 
failed  or  refused  to  receive  the  same  in  full  satisfaction  of  the  debt  sued  on, 
and  upon  proof  of  the  tender  and  refusal,  the  court,  if  satisfied  there  is  any 
amount  due,  shall  render  a  judgment  for  the  amount  really  due;  and  shall 
further  order,  that  no  property  shall  be  sold  under  any  execution  that  may 
issue  on  said  judgment,  unless  it  shall  bring  nine-tenths  of  its  appraised  value, 
as  hereinafter  directed. 

Sec.  2.  On  all  executions  issued  upon  judgments  rendered  as  provided  in 
the  preceding  section  of  this  act,  the  defendant  shall  have  the  right  to  point 
out  the  property  to  be  levied  upon,  and  shall  have  a  rea>onable  time  for  that 
purpose,  after  called  upon  by  the  olHcer  for  a  levy;  and  after  the  Sherifl'  or 
other  oflicer  sliall  have  madea  levy  under  an  execution,  as  aforesaid,  the  defend- 
ant in  execution  shall  select  one  man,  the  Sheriff  or  officer  making  the  levy 
another,  and  they  two  a  third,  to  act  as  appraisers,  who  shall  be  sworn  by 
the  Sherilf  or  ollicer  making  the  levy,  who  shiill  make  their  ai)praisement  in 
writing,  two,  at  least,  of  whom  shall  fign  the  same,  which  shall  be  delivered 
to  the  ofliccr  making  the  lev}',  and  the  piuperty  so  levied  upon  and  appraised 
shall,  on  the  day  of  sale,  bring  nine-tenths  of  its  appraised  value,  or  there 
shall  be  no  sale ;  and  if  there  be  no  sale,  the  property  shall  be  restored  to  the 
defendant  in  execution. 

Sec.  3.  Not  more  than  one  executicm  shall  issue  in  each  ye.ar.  after  the 
issuance  of  the  first  execution,  upon  judgments  rendered  as  provided  in  the 
first  section  of  this  act,  upon  each  of  which  like  proceedings  shall  in  all  .'e- 
spects  be  hadas  is  provided  in  the  second  section  of  this  act;  l^ut  in  no  case 
shall  property  be  sold  unless  it  shall  bring  nine-tenths  of  its  appraised  value. 
Sec.  4.  That  in  all  eases  where  judgments  have  heretofore  been  rendered 
for  money,  in  any  of  the  courts  of  this  State,  and  the  same  or  any  part 
thereof  remain  mipaid,  and  the  defendant  in  the  same  has  or  shall  tender 
to  the  plaintiff  in  such  judgment,  his  agent  or  attorney,  the  full  amount  of 
principal  and  interest  due  on  the  saiue,  in  bonds  or  treasury  notes  of  the 
Confederate  States,  or  bonds  of  this  State,  and  the  plaintiff  in  such  judg- 
ment, his  .agent  or  attorney,  has  or  shall  refuse  to  receive  the  same  in  full 
satis'action  of  such  ju-^gment,  the  defendant  in  such  judgment  shall  have  the 
right  to  file  his  petition  in  the  court  where  such  judgment  was  rendered, 
setting  forth  the  facts,  and  cause  the  plaintiff 'n  the  judgment  to  be  sum- 
moned as  in  other  cases  ;  and  upon  proof  of  the  tender  and  refusal  aforesaid, 
it  shall  be  the  dut}'  of  the  court  to  enter  a  decree  or  judgment,  directiiigtho 
proceeding  thereafter  to  be  had  on  said  judgment,  to  be  in  all  things  conducted 
as  provided  in  the  second  and  third  sections  of  this  act. 

Sec.  5.  In  all  .sales  authorized  to  be  made  by  or  under  any  deed  of  trust, 
or  to  satisfy  any  mortgage,  and  the  amount  due  shall  have  been  tendered  as 
provided  in  the  first  section  of  this  act,  no  sale  shall  be  made  except  by 
nji|)raisement  and  for  nine-tenths  of  its  appraised  value,  as  provided  in  the 
second  and  third  sections  of  this  act:  Provided,  That  in  all  cases  under  the  provi- 


10 

sions  of  this  act  to  entitle  tlie  defendant  to  the  benefits  of  the  same,  he  shall 
prove  on  the  trial  that  the  tender  was  within  twelve  months  after  the  close 
of  the  present  war  between  the  Confederate  States  and  the  United  States. 

Sec.  6.  This  act  to  take  effect  and  be  in  force  from  and  after  its  passage: 
Provided,  That  nothing  in  this  act  shall  be  so  construed  as  repealing  an  act 
entitled  "an  act  suspending  all  laws  for  the  collection  of  debts  and  liabilities 
on  bond',  promissory  notes,  bills  of  exchange  and  contracts  for  the  paj-ment 
of  money,  until  the  first  day  of  January,  1864,  or  until  sis  months  after  the 
close  of  the  present  war,  should  it  terminate  before  the  date  named,  or  until 
otherwise  provided  by  law,  approved  December  7th,  1861."  But  the  same 
shall  remain  in  full  force  and  effect,  notwithstanding  the  passage  of  this  act. 

Approved  March  4th,  1863. 


CHAPTER  XTI. 

AIV  ACT  to  regulate  the  sale  of  Beef  Cattle,  and  to  require  Butchers  to  keep  and 

return  lists  of  the   cattle  slaughtered  by  them,  and  to  prevent  the  sale  of  calves 

for  slaughter  without  hranding. 

Section  1.  Be  it  enacted  l>y  the  Legislature  of  the  ^late  of  Texas,  That 
every  purchaser  of  beeves,  for  the  purpose  of  slaughter  for  the  Confederate 
armies  within  the  county  where  purchased,  or  elsewhere,  or  for  the  purpose 
of  exportation,  or  driving  to  market,  out  of  thecounty  where  purchased,  shall, 
before  slaughtering  as  aforesaid,  or  exporting  or  driving  the  same  out  of  the 
county  where  purchased,  take  from  each  and  every  person  from  whom  he 
purchases  any  such  beel  or  beeves,  a  bill  of  sale  of  the  same,  fully  describing 
the  marks  and  brand,  or  brands,  (if  more  than  one)  of  each  animal,  signed  by 
the  party  selling;  which  bill,  or  bills  of  sale,  shall  be  verified  by  the  oath  of 
the  purchaser  of  such  beeves,  as  genuine  ;  and  the  said  bill  of  sale,  and  oath 
attached,  shall  be  filed  by  the  said  purchaser  with  the  Clerk  of  the  County 
Court  of  the  cou-^ty  in  which  said  beeves  were  purchased,  to  be  recorded  in  a 
book  kept  for  that  purpose,  which  shall  be  open  to  the  inspection  of  the  public : 
Provided,  In  case  there  shall  not  be  any  such  clerk  ready  to  receive  and 
record  such  bill  of  sale  and  afildavit,  the  same  shall  be  filed  and  recorded  in 
like  manner  in  some  adjoining  county ;  and  such  record,  in  the  one  county 
or  the  other,  shall  be  made  without  any  unreasonable  delay,  but  the  reci^rJing 
in  such  adjoining  county  shall  not  dispense  with  the  filing  and  recording  in 
the  county  first  indicated  whenever  there  shall  be  therein  a  County  Clerk 
prepared  for  the  business,  with  whom  the  bill  of  sale  and  affidavit  shall  be 
filed  for  record,  without  unreasonable  delay,  whereupon  they  shall  be 
promptly  recorded  by  said  clerk. 

Sec.  2.  That  anj^  purchaser  of  beef  or  beeves,  who  shall  fail  to  comply 
with  the  provisions  of  the  first  section  of  this  act.  shall  be  deemed  guilty  of 
an  offence  against  the  laws  of  this  State,  and  shall  be  liable  to  indictment 
therefor,  and,  upon  conviction,  shall  be  fined  in  the  sum  of  five  hundred 
dollars,  one  hundred  of  which  shall  go  to  the  informer,  and  the  balance  to  be 
paid  into  the  County  Treasury,  to  be  added  to  the  jury  fund. 

Sec  3.  That  certified  x  copies  of  said  bills  of  sales,  duly  attested  by  tho 
clerk  having  charge  of  tho  same,  under  the  seal  of  his  office,  shall  be  received 
in  our  courts  as  prima  facia  evidence  against  the  vendor  of  any  such  beef  or 
beeves  in  any  civil  suit  or  criminal  action  brought  against  him. 

Sec.  4.  Every  person  who  shall  butcher  beef  for  the  market  of  any  town 
or  village,  shall  keep  lists  of  the  marks  and  brands  of  all  the  cattle  slaughtered 
by  him,  and  stating  from  whom  purchased,  and,  at  least  once  in  each  month, 
shall  return  the  same,  verified  by  his  oath,  to  the  clerk  of  the  County  Court, 


11 

wlio  sliall  cause  tbe  same  to  be  recorded  in  his  office,  and  keep  tlicm  subject 
to  tlie  iu^pection  of  the  public,  which  oath  nia)'  be  taken  bef  )re  any  person 
authorized  by  law  to  administer  oaths  ;  and  the  clerks  shall  be  entitled  to 
such  lees  as  is  provided  by  law  for  similar  services. 

Sr.c.  5.  Should  any  butchi  r  fail  to  render  such  list  for  any  month,  by  the 
15th  day  of  the  next  succeeding  month,  he  shall  be  deomod  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  fined  not  less  than  fifrj',  or  more 
than  one  hundred  dollars  for  each  ofience,  one  half  of  which  shall  po  to  the 
informer,  and  the  other  to  the  jury-fund,  as  above  provided  ;  and  if  he  return 
a  false  list,  shall  be  guilty  of  false  swearing  and  liable  to  prosecution  therefor, 
as  in  other  cases. 

Skc.  G.  It  is  hereb}'  declared  a  penal  offence  to  sell  calves  for  slauphtor  or 
shipment  without  branding  them;  and  any  person  so  oflending,  shall  be 
suljcct  to  indictmeut,  and  a  fine  of  ten  dollars  per  head  for  every  calf  thus 
sold. 

Approved  March  4th,  18G3. 


CHAPTER   XTTI. 

AN  ACT  to  amend  the  first  section  of  an  Act  entitled  "  An  Act  to  amend  thf.  \st 
av.d  Wth  sections  of  an  Art  to  authorize  the  sale  of  the  PiiMic  Domain,  approved 
Fcbntnrii  l\th,  1858."  approved  January  ls<,  1862 — and  to  amend  the  seco7id 
section  of  an  Act  entitled  "  An  Act  to  authorize  the  sale  of  tin  Public Domain,^^ 
approved  Fehniary  Wth,  1858. 

Section  1.  Be  it  enacted  by  the  Legislature  of  thc£tate  of  Texas,  That  the 
first  section  of  the  above  recited  act  shall  hereafter  road  as  follows :  That 
the  Commissioner  of  the  General  Land  OfMce  is  authorized  to  issue  land  scrip 
in  certificates  of  not  less  than  oie  hundred  and  sixty  acres  (except  in  the 
cases  herein  provided,)  which  certificates  may  bo  sold  at  the  price  of  two 
dollars  per  acre,  shall  issue  in  the  name  of  the  purchaser,  and  may  be  located 
upon  any  vacant  unappropriated  public  domain,  not  being  set  apart,  held  in 
reservation,  or  the  location  of  which  is  prohibited  by  law. 

Sec.  2.  That  the  second  section  of  the  above  recited  acC  "  to  authorize  the 
saleof  the  pulilic  domain,"  approved  February  11th,  1858 — shall  hereafter  read 
as  follows: — Sec.  2. — That  tiie  alternate  sections  of  land  surveyed  and  reserved 
to  the  State,  under  the  provisions  of  the  laws  to  encourage  the  con>truction 
of  railroads  by  donations  of  land,  and  the  act  granting  land  to  the  Galveston 
and  lirazos  Navigation  Company,  and  the  islands  heretofore  reserved,  and  all 
other  reserved  sections,  may  be  sold  at  five  dollars  per  acre. 
Sec.  3.  Tliis  act  shall  take  effect  from  and  after  its  passage. 
Approved  March  4th,  1803. 


CHAPTER  XIV. 

AN  ACT  appropriating  two  hundred  thousand  dollars,  to  he  expended  for  the  relief 
of  the  sick  and  wounded  Soldiers^  of  tlte  State  of  Texas,  in  the  army  of  the 
Confederate  States. 

Se(  Tio.v  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  two  hundred  thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
be,  and  tiie  same  is  hereby  appropriated  as  a  Hospital  Fund,  which  shall  be 
administered,  according  to  the  provisions  of  an  act,  approved  January  8th, 
18G2,  entitled  an  act  to  create  a  Hospital  Fund,  to  be  expended  for  the  benefit 
of  the  sick  and  wounded  soldiers  of  the  State  of  Texas,  in  the  Confederate 
army. 


12 

Sec.  2.  That  any  part  of  the  apiDroprip.tion  made  in  this  act,  may  be 
drawn  from  the  Treasury  by  warrants  of  the  Comptroller  in  such  sums  and 
denominations  as  may  be  directed  by  the  Gevernor. 

Sec.  3.     That  this  act,  shall  be  in  force  from  and  after  its  passage. 

Approved  March  5th;  18G3. 


CHAPTER  XV. 

"^??.  Act  to  amend  an  Act  to  amend  Av,  Act  to  establish  a  Penal  Code,^'  approved 
August  2Gth,  1856;  approved  February  \2th,  1858. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
Article  ?A  of  "  An  Act  to  amend  An  Act  to  establish  a  Penal  Code,"  approved 
August  2Gth,  1856;  approved  February  12th,  1858,  be  amended  so  as  hereafter 
to  read  as  follows: — Article  34.  "All  free  white  persons  who  have  less 
than  one-eighth  African  blood  come  within  the  meaning  of  the  term  "//•«« 
icMte  2}e>'sons ;"  and  all  free  white  persons  who  have  that,  or  a  quarter 
proportion  of  African  blood  come  within  the  meaning  of  the  terms  "freepersons 
of  color.-''  Slaves  are  all  such  person  of  African  descent  as  are  held  in  slavery 
b}'  the  laws  of  this  State,  or  of  any  of  the  States  or  Territories  of  the 
Confederate  States,  or  of  any  foreign  country. 

Sec  2.  That  Article  349  of  said  Act  be  amended  so  as  hereafter  to  read 
as  follo\v's:  Article  349.  Wherever,  in  the  Penal  Code  or  Code  of  Criminal 
Procedure,  it  is  declared,  that  an  oflicer  is  guilty  of  an  offence,  on  account  of 
any  particular  act  or  omission,  and  there  is  not,  in  the  Penal  Code,  any 
punishment  assigned  for  the  same,  such  officer  slJall  be  deemed  guilty  of  a 
misdemeanor  and  shall  be  fined  not  exceeding' two  hundred  dollars. 

&EC.  3.  That  said  act  be  so  amended  by  adding  the  following  article 
thereto,  which  shall  read  as  follows  : — Article  669a.  If  any  person  shall  sell, 
give,  or  loan,  to  a  slave  or  slaves,  a  gun,  pistol,  sword,  bowie  knife  or  dagger, 
or  any  gun-powder  or  percussion  caps,  without  the  written  consent  of  his  or 
her  master,  mistress  or  overseer,  he  or  she  shall  be  confined  at  hard  labor  in 
the  Penitentiary  not  less  than  two  nor  more  than  five  years. 

Sec.  4.  That  Article  745a,  of  said  act,  be  amended  so  as  hereafter  to  read 
as  follows: 

Article  745a.  If  an}'  person  shall  receive  or  conceal  property  which  has 
been  acquired  bj^  another,  in  such  manner  as  that  the  acquisition  comes 
within  the  meaning  of  the  term  theft,  knowing  the  same  to  have  been  so 
acquired,  he  shall  be  punished  m  the  same  manner  as,  by  law,  the  person 
stealing  the  same  would  be  liable  to  be  punished:  P/-oy«VW,  That  if  a  Iree 
white  pL'rson  shall  receive  or  conceal  such  property  stolen  by  a  slave  or  free 
pei'son  of  color  he  shall  be  punished  in  the  same  manner  as,  by  law,  a  free 
white  person  stealing  the  same  would  be  liable  to  be  punished. 

Approved  March  5th,  18G3. 


CHAPTER  XVI. 

AN  ACT  to  exclude  from  office,  serving  on  juries,  taking  or  holdi^ig  property,  and 
from  the  rights  of  suffrage,  ail  persons  who  take  the  alien  oath,  leave  our  country, 
to  avoid  the  service,  or  who  join  the  enemy,  or  in  anytoise  give  them  aid 
and  comfort. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  no 
person,  being  a  resident  of  the  State,  or  of  any  one  of  the  Confederate  States, 
who  may,  during  the  existing  war  between  the   Confederate  States  and  the 


13 

United  States,  take  the  oath  commonly  know  as  the  alien  oath,  whereby  he 
claims  the  protection  of  an}^  foreign  sovernment,  as  a  shield  from  serving  in 
the  cause  of  the  Confederate  States  in  tlieir  present  struggle,  or  wlio  may 
leave  or  Laving  left,  remain  absent  from  this  State,  or  any  of  the  Cunfcderate 
States,  to  avoid  participating  in  behalf  of  ihe  (confederate  States,  or  who  may 
join,  or  having  joined,  continue  in  the  army,  or  service,  or  employment 
of  tlie  United  States,  or  wbo  maj'  conceal  himself,  and  thereby  avoid  service 
in  our  cause,  or  who  may,  in  anywise,  give  aid  and  comfort  to  the  enemy, 
shall  upon  conviction  thereof  before  any  court  of  competent  jurisdiction,  take 
or  hold  any  estate,  real,  personal,  or  mixed,  whether  by  purchase,  gift,  devise, 
or  descent,  in  this  State,  nor  hold  any  oflfice  of  trust,  profit,  or  honor,  nor  vote 
at  any  election,  nor  serve  on  any  juries  in  any  Court  within  this  State: 
Proiuded,  That  persons  who  shall  prove  themselves  to  be  ^owa/f/t' neutrals  and 
citizens  of  a  friendly  power,  shall  not  be  subject  to  the  jirovisions  of  this  act. 

Skc.  2.  That  the  judgment  of  the  Court  upon  the  verdict  of  a  jury  in  any 
one  of  the  causes  enumerated  in  the  preceding  section,  shall  be  sufficient 
evidence  of  the  guilt  of  the  party,  in  any  suit  or  proceeding  that  may 
subsequently  arise,  on  any  issue  made,  upon  any  question  involved  in  the 
said  first  section. 

Skc.  3.  That  for  the  offences  enumerated  in  the  first  section  of  this  act, 
the  party  may  be  prosecuted  at  anytime  withii.five  years  after  the  ratification 
of  a  treaty  of  peace  between  the  Confederate  St.ates  and  tLe  United  States. 

Sf.c.  4.     That  this  act  take  effect  from  and  after  its  passage. 

Approved  March  5th,  1803. 


CHAPTER  xvir. 

AN  ACT  to  provide/or  ihe  sfipport  of  the  families  of  Texan  Soldiers. 

Section  1.  Be  it  enacted  hy  the  Lrnislalvre  of  the  State  of  Tr.ras,  That  the 
sum  of  six  hundred  thousand  dollars  is  herebj'  appropriated,  to  be  distributed 
by  the  Comptroller  according  to  such  regulations  as  he  shall  adopt,  to  the 
County  Courts  of  each  county  in  the  State,  according  to  the  scholastic 
returns  and  estimates  for  the  years  1861  and  18G2,  taking  as  a  basis  for  the 
distribution  to  those  counties  which  have  not  returned  their  lists  for  both 
years,  the  year  for  which  there  is  a  return  of  the  county',  to  be  administered 
by  the  said  County  Courts,  for  the  support  and  assistance  of  the  willows, 
families  and  dependents  of  the  officers  and  soldiers  of  Texas,  who  have  been 
or  tnaj'^  be  in  the  Army  of  the  Confederate  States,  or  in  the  active  Militia  or 
Volunteer  Service  of  the  State  of  Texas,  and  which  widows,  families  or 
dependents  may  need  the  support  or  assistance  of  the  State. 

Skc.  2. — That  this  Act  shall  take  eflect  and  be  of  force  from  and  after  ita 
passage. 

Approved  March  5th,  1863. 


CHAPTER  XYIIT. 
AN  ACT    to  define  the  offence  of  exciting  insurrection  or  insuhordination  of 
slaves  in  certain  cases,  and  to  pr(Scrit>c  the  punishment  therefor.  • 

V/herkas,  in  the  prosecution  of  the  unhcdy  war  now  being  waged  by 
the  United  States  against  the  Confederate  State-!  and  the  people  thereof,  our 
enemies  are  seeking  to  bring  upon  us  a  servile  war  by  arming  our  slaves  and 
placing  them  in  the  ranks  of  their  armies,  as  well  as  otherwise,  through  the 
action  of  their  government  and  the  commissioned  officers  of  their  armies, 
inciting  insurrection  and  insubordination  : — therefore— 


14 

Section  1.  Be  it  enacted  bg  the  Legislature  of  the  State  of  Texas,  That  it 
Bhall  be  an  ofleiice,  to  be  denominated  exciting  insurrection  or  insubordination 
of  slaves,  for  any  commissioned  ofHcer  of  the  army,  navy,  or  marine  seivice  of 
the  government  of  the  United  States,  during  the  present  war  between  said 
United  States  and  the  Confederate  States,  to  invade  or  enter  upon,  with 
hostile  intent,  the  Teritory  or  soil  of  this  State,  or  with  like  intent  to  enter 
within  the  waters  of  this  State. 

Sec.  2.  That  any  person  guilty  of  exciting  insurrection  or  insubordination, 
as  in  this  act  defined,  shall,  on  conviction  thereof,  be  punished  by  confinement 
in  the  Penitentiary  not  less  than  five  nor  more  than  fifteen  years. 

Sec.  3.  This  act  not  being  intended  to  produce  any  conflict  between  the 
State  authorities  and  the  government  or  authorities  of  the  Confederite  States, 
in  relation  to  the  managraent  of  any  matters  growing  out  of  the  existing  war, 
therefore,  only  such  persons  shall  be  subject  to  be  tried  under  its  provisions 
as  may  be,  by  the  proper  authoiities  of  the  Confederate  States,  delivered  over 
to  the  civil  authorities  of  this  State,  for  the  purpose  of  being  so  tried — and, 
any  person  convicted  under  the  provij^ions  of  this  act,  shall,  at  any  time  after 
such  conviction,  on  demand  made  therefor  by  the  President  of  the  Confed- 
erate States  on  the  Governor  of  this  State,  be  delivered  up  to  the  proper 
authorities  of  the  Confederate  States. 

Sec.  4.  This  act  is  not  designed  to  be  in  lieu  of  existing  laws  defining  the 
exciting  or  insubordination  of  slaves^  and  shall  not  be  construed  in  any 
manner  to  effect  such  laws. 

Sec.  5.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  March  5th,  1863. 


CHAPTER  XIX. 

AN  ACT  suppeimental  to  an  Act  entitled  an  Act,  defining  the  office  and  duties 

of  Notaries  Public,  parsed  May  \2>th,  1846,  and  to  amend  the  first  section  of 

said  Act. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
first  section  of  the  above  entitled  act  be  so  amended  as  to  read  as  follows: 
There  shall  be  appointed  by  the  Governor,  by  and  with  the  advice  and  con- 
sent of  two-thirds  of  the  Senate,  a  convenient  number  of  Notaries  Public,  not 
exceeding  six  for  each  county,  who  shall  hold  their  office  for  four  years 
from  the  day  of  their  qualification,  and  no  longer,  any  law  to  the  contrary 
notwithstanding.  The  office  of  Notary  Public  shall  become  vacant  by 
removal  from  the  county,  by  becoming  insane,  by  accepting  any  civil  office 
under  the  State  Government,  (except  the  office  of  Justice  of  the  Peace,)  or 
any  office  under  the  Confederate  or  other  government;  and  the  office  of 
Deputy  Clerk,  Deputy  Sheriff  and  Deputy  Marshal,  come  within  the  meaning 
of  this  act. 

Sec  2.  Be  it  further  enacted,  That  when  a  Notary  is  appointed,  the  Secre* 
tary  of  State  shall  forward  the  Commission  to  the  Clerk  of  the  County  Court 
of  the  County  where.the  party  resides,  who  shall  notify  him  to  appear  before 
the  County  Court  within  thirty  days  from  the  day  of  the  notice,  if  there  will 
be  a  regular  term  of  said  court,  if  not,  before  the  Clerk  in  vacation,  and  qualify 
according  to  law.  The  Clerk  shall  endorse  on  the  Commission  the  day  when 
the  notice  was  given,  and  if  the  party  does  not  qualify  within  the  time  limited 
the  appointment  shall  be  void,  and  the  Clerk  shall  certify  on  the  back  of  the 
Commission,  under  the  seal  of  the  court,  that  the  party  has  failed  to  qualify, 
and  return  it  to  the  Secretary  of  State.  When  the  party  qualifies  in  vacation, 
the  Clerk  shall  approve  the  bond,  and  record  it  as  in  other  cases. 


15 

Sec.  3.  Be  it  further  enacted,  That  whenever  a  Notary  Public  qualifies,  or 
vacates  Lis  office,  b}'  death  or  otherwise,  the  Clerk  of  the  County  Court  shall 
immediately  report  the  fact  to  the  Secretary  of  State,  sjiving  the  date  of 
qualification,  and  showing  when  and  by  what  way  the  oflfice  became  vacant. 

.Skc.  4.  Be  it  further  enacted,  That  whenever  a  Notary  Public  voluntarily 
vacates  his  office,  or  when  the  office  becomes  vacant  by  expiration  of  time, 
he  sh  ill  deliver  to  the  Clerk  of  the  County  Court  his  seal  and  books,  and 
the  records  of  his  ofSce.  If  any  Notary  Public  fails  to  comply  with  this  pro- 
vision, he  shall  be  subject  to  a  fine  of  one  hundred  dollars,  recoverable  by 
motion  in  the  District  Court,  in  the  name  of  the  State,  to  be  prosecuted  by 
said  Clerk. 

Sec.  5.  Be  it  further  enacted,  That  if  the  Clerk  fails  to  comply  with  the 
provisions  of  this  act,  he  shall  be  subject  to  a  fine  of  one  hundred  dollars, 
recoverable  by  motion  in  the  District  Court,  in  the  name  of  the  county  ;  and 
on  trial  of  the  motion,  the  certificate  of  the  Secretary  of  State,  showing 
default  on  the  part  of  the  Cierk,  shall  be  presumptive  evidence  of  the  facts 
therein  stated. 

Sec  6.  Be  it  further  enacted.  That  the  Clerk  shall  be  entitled  to  a  fee  of 
two  dollars  from  every  Notary  who  qualifies,  and  this  act  take  eSect  from 
and  after  its  passage. 

Approved  March  5th,  18G3. 


CHAPTER  XX. 

AN  ACT  appropriating  money  to  defraq  th^e  expenses   incurred  for  rations  and 
forage,  ordered  hy  Brigadier  General  Wm.  Hudson,  2\$t  Brigade,  State  Troops. 

Whereas,  Abo-ut  the  1st  of  October,  18G2,  it  became  known  that  a  secret 
organization  existed  in  the  county  of  Cooke  and  adjoining  counties,  having 
lor  its  o'lject  the  overthrow  of  this  government:  And  Wheras,  The  Texas 
State  Troops,  of  the  21st  Brigade,  were  called  out  by  Brig.  Gen.  Wm.  Hud- 
son, of  said  Brigade:  And  Whereas,  Said  rebellion  has  been  efTectually 
crushed,  and  harmony  is  restored  in  that  portion  of  the  State;  therefore 

Section  1.  Be  it  enacted  by  the  Leg idaiure  of  the  Slate  of  Texas,  That  the 
Comptroller  be,  and  he  is  hereby  required  to  audit  and  pay,  by  his  warrants 
upon  the  Treasurer,  all  accounts  for  forage  And  subsistence  of  the  Texas  State 
Troops,  of  the  21st.  Brigade,  calL'd  into  service  by  Brig.  Gen.  Hudson,  of 
said  Brigade:  Proviiled,  Such  claims  shall  be  duly  sworn  to  by  the  claimants, 
before  some  Justice  of  the  Peace,  or  Notary  Public,  within  said  Brigade,  to 
be  also  approved  by  the  Acting  Quarterraasiter  and  Commissary  of  said  2lst 
Brigade. 

Sec  2.  That  the  sum  of  four  thousand  five  hundred  dollars,  or  so  much 
thereof  as  may  be  necessary,  be,  and  is  hereby  appropriated  r>ut  of  any  unap- 
propriated money  in  the  treasury,  in  payment  of  all  such  claims,  and  that  this 
act  take  effect  from  its  passage. 

Approved  March  5th,  18G3. 

CHAPTER  XXI. 

AN  ACT  declaring  void,  any  sale  made  hy  the  Public  Enemy  who  may  occupy  any 

portion  of  the  territory  of  the  S'at^e  of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas,  That  if  at 
any  time  pending  a  war  between  the  Confederate  States  Government  and 
any  other  goverrunent,  State  or  Power,  any  of  the  territory  within  the  limits 
of  the  State  ot  Texas  shall  be  occupied  by  the  enemy,  and,  during  such  occu- 


16 

pancy,  any  sales  or  transfers  of  property  shall  be  made  by  them,  eitliT  by 
private  or  public  act,  or  under  any  pretence  or  proceeding  whatever,  of  real, 
personal,  or  mixed  property,  belooq;ing  to  any  citizen  or  citizens  of  the  State 
of  Texas,  such  sales  shall  be  deemed  void  and  of  no  effect,  and  all  deeds  made 
under  such  sales,  and  all  tran-fers  and  evidences  of  title  conveyed,  shall  be 
considered  void,  and  not  admissable  as  evidence  in  any  courts  of  the  State  of 
Texas. 

'.    Sec.  2.    This  act  to  take  effect  from  and  after  its  passage. 
Approved  March  5th,  18G3. 

CHAPTER  XXir. 

AN  ACT  to   amend   the   12th  and   ISth  sections  of  an  Act,  entitled   "  an  Act 

regidating  Electmis"  passed  March  16th,  1848,  and  to  amend  the  9th  and 

14th  sections  of  an  Act  entitled  "  an  Act  supplementary  to  an  Act  regulating 

Elections,  passed  Ftbruarij  llth,  1850." 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  the 
12th  section  of  the  act  first  recited  in  the  caption  hereof  be  so  amended  as 
hereafter  to  read  as  follows: 

Sec.  12.  That  immediately  after  closing  the  polls,  the  managers  of  the 
election  shall  proceed  to  count  the  votes,  make  out  a  correct  return,  signed 
by  the  managers,  which,  together  with  the  ballots,  and  one  of  the  poll-books, 
shall  be  sealed  up  and  delivered  to  the  Chief  Justice  of  the  county,  (or  in  his 
absence,  to  the  Clerk  of  the  County  Court,  who  shall  file  the  same  in  his 
ofBce,  and  deliver  said  return  to  the  Chief  Justice  on  the  day  appointed  to 
open  and  compare  the  polls,)  by  one  of  the  managers,  or  some  other  respect- 
able person,  who  shall  swear  that  he  received  the  package  fn  m  one  of  the 
managers,  or  the  returning  officer,  and  that  the  seals  have  not  been  broken 
since ;  which  delivery  shall  be  upon  oath,  before  the  return  day  of  said 
election,  a  duplicate  of  which  return  shall  be  kept  by  the  presiding  offii:er. 

Sec.  2.  That  the  15th  section  of  the  act  first  recited  in  the  caption  hereof, 
be  so  amended  as  hereafter  to  read  as  follows  : 

Sec.  15.  That  the  election  returns  shall  not  be  opened  by  the  officer  to 
whom  they  are  returned,  before  return  day,  or  tenth  day,  and  exclusive  of  the 
day  of  election;  at  the  expiration  of  that  time  he  shall  open  theui  and 
estimate  the  result,  making  a  tabular  statement  thereof,  showing  the  number 
of  votes  cast  at  each  precinct  for  the  several  candidates,  which  table  ho  shall 
record  in  a  book  to  be  kept  for  that  purpose ;  and  he  shall  also  record  in  said 
book  the  names  of  the  persons  elected  to  county  and  precinct  offices ;  and 
he  shall  thereupon  deliver  to  the  persons  elected  certificates  of  .election, 
showing  when  and  to  what  office  the  parties  were  elected,  and  shall  sign  the 
same,  and  cause  the  seal  of  the  County  Court  to  be  thereon  impressed. 

At  the  expiration  of  thirty  days  after  the  election,  and  from  time  to  time 
thereafter,  as  the  officers  may  qualify,  the  Chief  Justice  shall  make  out  and 
certify  to  the  Secretary  of  State  a  tabular  statement,  showing  who  were 
electeil,  and  to  what  office,  and  the  date  of  qualification,  giving  the  number 
of  the  precinct,  (if  precinct  officers,)  and  he  shall  also  certify  the  result  of  the 
Tote  for  members  of  the  Legislature;  and  he  shall,  in  like  manner,  report  to 
the  Secretary  of  State  all  special  elections  to  fill  vacancies  in  any  county  or 
precinct  office,  and  certifying  when  and  how  the  vacancy  occurred  ;  and  when 
any  State  or  District  officer,  member  of  Congress,  or  of  the  Legislature,  or 
Notary  Public,  shall  depart  this  life,  the  Chief  Justice  of  the  county  where 
such  death  occurs  shall  immediately  certify  the  fact  thereof  to  the  Secretary 
of  State;  and  if  any  Chief  Justice  shall  neglect  to  comply  with  any  of  the 


17 

provision?  of  this  act,  he  shall  be  fined  one  hundred  dollars,  recoverable  by 
motioji  in  the  District  Coart  of  tlie  county  in  which  he  resides,  after  rc.ison- 
able  notice  of  such  motion:  Provided,  however,  Such  Cbief  Justice  may 
acquit  himself  of  such  neglect  by  affidavit  made  before  any  officer  authorized 
to  administer  oaths. 

Sec.  3.  That  the  9th  section  of  the  act  last  recited  in  the  caption  hereof 
shall  be  fio  amended  as  to  read  as  follows:  Sec.  9.  That  when  an 
election  Las  been  held  for  Governor  and  Lieutenant  Governor,  tlie  Secretary 
of  State  shall  make  a  taV.le,  containinp;  an  alphabetical  li.st  of  the  countie?:, 
with  columns  for  the  candidates  and  tlie  number  of  votes ;  and  he  shftll,  in 
the  presence  of  the  Governor  or  Attorney  General,  open  the  returns  and 
enter  on  tlie  table  the  number  of  votes  given  for  the  candidates  respectively, 
and  then  place  the  returns  back  in  the  envelope,  seal  it.  endorse  upon  it  tho 
date  of  its  reception,  and  carefully  tile  it  away  in  liisofhci':  the  table  thus 
kept  shall  be  open  to  public  inspection,  and,  together  with  all  the  returns, 
shall  be  delivered  to  the  Speaker  of  the  House  of  Representatives  on  the  first 
day  of  the  next  regular  session  of  the  Legislature.  That  when  elections  are 
held  for  other  State  officers,  and  for  District  officers,  the  Secetary  shall,  in 
like  manner,  make  alphabetical  tables  of  the  counties  in  the  State,  or  of  tlie 
Districts,  and,  as  the  returns  are  received,  he  shall  enter  the  number  of  votes 
received  by  eacli  candidate,  tl  en  endorse  thereon  the  date  of  the  receipt,  and 
carefully  preserve  the  same  in  his  office.  If  the  returns  are  all  in  before  tho 
expiration  of  sixty  days,  the  Secretary  of  State,  in  presence  of  the  Governor 
and  Attorney  General,  or  in  case  of  vacancy  or  inability  of  either  to  act, 
then  any  two  of  said  officers  shall  count  tlie  returns  which  shaU  have  been 
made,  anu  the  Governor  shall  thereupon  deliver  a  ciTtificate  of  election  to  the 
person  or  persons  who  shall  have  received  the  highest  number  of  votes  for 
each  or  anj"  of  said  offices.  If  the  returns  are  not  all  in  before  the  sixtieth 
day  from  the  day  of  the  election,  the  same  officers  shall  proceed  on  that  day 
and  count  the  returns  and  issue  certificates  as  before  provided  for.  If  any  of 
the  returns  are  d(ifective,  or  if  there  is  unreasonable  delay  in  making  returns, 
the  Secretary  shall  notify  the  Chief  Justice,  or  other  proper  officer,  of  the 
defect  or  neglect,  and  to  cause  proper  returns  to  be  made.  The  Chief 
Justice,  or  other  officer,  failing  to  make  returns  promptly,  shall  be  subject  to 
a  fine  of  one  hundred  dollars,  recoverable  by  motion  in  the  District  Court  of 
the  county  in  which  he  resides,  after  reasonable  notice  of  such  motion  : 
Provikd,  hotocvcr,  Such  Chief  Justice  may  acquit  himself  of  such  neglect  b}' 
sufficient  affidavit  made  before  any  officer  authorized  to  administer  oaths; 
and  on  the  trial  of  such  motion  the  certificate  of  the  Secretary  of  State, 
charging  default  upon  the  Chief  Justice,  shall  be  presumptive  evidence  of  the 
facts  therein  contained. 

Sec.  4.  That  section  14th  of  the  act  last  recited  be  so  amended  as  to  road 
as  follows:  Sec.  14.  That  any  person  who  shall  intend  to  contest  an 
election  for  any  office  mentioned  in  the  11th,  12th  and  LSth  sections  of  this 
act,  shall,  wit';in  ninety  days  after  the  day  of  election,  give  notice  to  the 
person  in  whose  favor  the  certificate  shall  have  been  made,  of  the  grounds 
upon  which  he  intends  to  rely  on  the  trial  of  such  contest,  and  shall,  within 
the  same  period,  cause  a  copj-  thereof  to  bo  filed  in  the  office  of  the  District 
Clerk  of  the  couiitv  where  such  contest  is  to  be  tried. 

Sec.  "i.     That  this  act  take  effect  from  and  after  its  passage. 

Approved  March  6th,  1803. 
B 


18 

CHAPTER  XXTII. 

AN  ACT  to  avJ.horm  the  Directors  of  the  State  Penitentiary  to  allow  the  Finan- 
cial Agent  of  the  same  to  purchase  additional  machinery,  and  to  employ  outside 
lahoi-  for  the  same. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  tLe  ' 
Diiectors  of  the  State  Penitentiary  be,  and  they  are  hereby  authorized  to 
direct  the  Fin  nciai  Agent  thereof  to  purchase,  on  the  best  terms  possible, 
any  machinery  that  may  be  necessary  to  supply  the  worn-out  machinery  of 
said  Penitentiary,  or  any  additional  machinery  that  they  may  deem  expedient 
to  enlar2;e  the  works  of  the  same,  by  ordering  or  sending  any  agent  therefor 
at  the  risk  of  the  State  of  Texas. 

Sec.  2.     Be  it  further  enacted.  That  the  said  Directors  are  further  author- 
ized to  direct  the  said  Financial  Agent  to  employ  such  outside  labor  as  they 
maj'  deem  expedient,  in  addition  to  the  convict  labor,  to  carry  on  the  woik- 
shops  and  factories  of  said  Pen'tentiary. 
Sec.  3.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 
Approved  March  Gth,  1863. 

CHAPTER  XXIV. 

AN  ACT  to  amend  an  Act  entitled  an  Act  to  amend  an  Act  to  establish  a  Code 
of  Criminal  Proceedure  for  the  State  of  Texas,  approved  August  2Qth,  1856/ 
approved  February  \btli,  1858. 

Section  1.  Be  it  enacted  by  the  Legislative  of  the  State  of  Texas,  That  arti- 
cles 15G,  190«,  280,  644  and  960,  of  an  act  entitled  an  act  to  amend  an  act  to 
establish  a  Code  of  Criminal  Proqeedure  for  the  State  of  Texas,  approved 
August  2Gth,  1856,  approved  February  15th,  1858,  be  amended  so  as  hereaf- 
ter to  read  as  follows:  Art.  156,  Whenever  the  District  Attorney  of  the 
proper  district  is  in  the  county  where  a  cause  is  heard  under  habeas  corpus,  it 
is  his  duty,  if  the  defendant  is  accused  of  a  felony,  to  be  present  at  the  hear- 
ing, and  represent  the  State,  for  which  service  he  shall  be  paid  twenty-five 
dollars;  and  if  the  District  Attorney  is  not  present  at  the  hearing  of  such 
cause,  the  -Judge  shall  appoint  some  well  qualified  practising  attorney  to  re- 
present the  State,  whs  shall  be  paid  the  same  fee  as  is  allowed  District 
Attorneys  for  like  services.  Art.  190a.  The  offence  of  forgery  may  be  prose- 
cuted in  any  county  where  the  written  instrument  is  forged,  or  where  the 
same  is  used  or  passed,  or  attempted  to  be  used  or  passed ;  and  the  offence  of 
counterfeiting  may  be  prosecuted  in  any  county  where  the  oflency;  is  commit- 
ted, or  where  the  counterfeit  coin  is  passed,  or  attempted  to  be  passed;  and 
the  offences  of  perjury  and  false  swearing  may  be  prosecuted  in  the  county' 
wliere  the  offence  was  committed,  or  in  the  county  where  the  false  statement 
is  used  or  attempted  to  be  used.  Art.  280.  In  cases  of  felony  the  Sheriff 
cannot,  during  the  term  of  the  court,  take  the  bail,  but  must  bring  the  accused 
before  the  court,  that  he  may  there  enter  into  recognizance,  *but  if,  from  any 
cause,  the  term  of  the  court  should  end  before  such  recognizance  can  be,  or  is 
entered  into,  then  and  in  that  event  the  Sheriff  may  take  bail  iu  such  amount 
as  may  have  been  fixed  in  the  case  by  the  court.  Art.  644.  The  following 
persons  only  are  incompetent  to  testify  in  criminal  actions:  1.  Insane  per- 
sons who  are  in  an  insane  condition  of  mind  at  the  time  when  they  are  offered 
as  wi«^nesses,  or  who  were  in  that  condition  when  the  events  happened  of 
which  they  are  called  to  testify.  2.  Children,  or  other  persons,  who,  after 
being  examined  by  the  court,  appear  not  to  possess  sufficient  intellect  to 
relate  transactions  with  respect  to  which  they  are  interrogated,  or  who  do  j 


19 

«ot  understand  tlie  obligation  of  an  oath.  3.  A  slave  or  free  person  of  color 
sliall  not  testify,  except  where  the  prosecution  is  against  a  person  who  is  a 
slave  or  free  person  of  color.  4.  In  prosecutions  for  seduction  under  the  pro- 
visions of  the  Penal  Code,  the  female  alleged  to  have  been  seduced.  5.  All 
peisons  who  have  been,  or  may  be  convicted  of  felony  in  this,  or  in  any 
other  State  of  the  Confederate  States,  or  of  any  other  State  or  kingdom,  un- 
less such  person  or  persons  may  have  been  pardoned  for  such  crime :  Provided, 
that  ni)  person  convicted  of  the  crime  of  perjury  or  false  swearing  within  this 
State,  or  out  of  it,  shall  have  his  competency  as  a  witness  restored  by  a  par- 
don, unless  the  piird  )n  so  obtained  shall  b}'  its  terms  specifically  restore  his 
•competency  to  testify  in  a  court  of  justice,  or  unless  his  ccmiprtency  be  other- 
wise restored  by  the  proper  authorities  of  this  State.  Art.  9G0.  The  sheriff 
shall  receive  from  the  county  one  dollar  a  day  for  each  guard  he  employs,  and 
the  reasonable  expense  of  such  guard,  not  exceeding  one  dollar  a  day;  and  for 
the  support  and  .iiaintenance  of  each  prisoner  in  his  custody  fifty  cents  a  day 
during  the  tirne  he  has  charge  of  such  prisoner,  but  in  localities  where  the 
price  of  provisions  may  demand  it,  the  presiding  judge  may,  in  his  discretion, 
allow  and  approve  a  greater  sum,  not  to  exceed  one  dollar  a  day. 
.Appioved  March  6th,  18C3. 


CHAPTER  XXV. 

AN"  ACT  to  provide,  for  the  defence  of  the  Frontier,  and  repealinn  certain  provi 

Hons  of  an  Act  entitled  '■^  An  Act  to  provide  for  the  protection  of  the  Frontier;^ 

approved  December  21s/;,  18t)l. 

W  hereas,  under  the  provisions  of  "  An  Act  to  provide  for  the  protection  of 
the  Frontier  of  the  State  of  Texas,"  approved  December  21st,  1861,  a  regi- 
ment, composed  of  nine  companies  of  cavalr}"^,  was  ors^anized  and  sworn  into 
the  service  of  the  State  of  Texas  for  the  term  of  twelvemonths:  And, 
whereas,  by  the  provisions  of  ihe  seventh  secticm  of  said  act,  the  Governor 
was  required  to  urge  the  acceptance  of  said  regiment  in  the  service  of  the 
Confederate  States  for  the  purpose  of  fiontier  protectitm:  And,  whereas,  by 
reason  of  the  provisions  of  said  act,  and  the  organization  of  said  regiment, 
being  inconsistent  with  the  army  regulations  of  the  Confederate  States,  said 
regiment  was  not  received  inio  the  service  of  the  said  Confederate  States : 
AnU,  whereas,  to  meet  a  provision  of  said  army  regulations,  that  CJicli  regi- 
ment shall  be  composed  of  ten  companies,  the  Governor  disbanded  said  regi- 
ment, and  on  the  Uth  day  of  Februar}'^,  1863,  of  the  same  material,  completed 
the  organization  of  another  regiment  composed  often  companies,  denominated 
"  the  Mounted  Regiment  of  Tex-as  State  Troop*,"  and  muste  ed  the  same  into 
the  service  of  the  State  of  Texas,  under  the  command  of  Colonel  James  £. 
,  McCord,  for  the  terra  of  three  years  or  during  the  war :  Therefore, 

Section  1.  Be  it  enacted  by  the  Leijislaturc  of  the  State  of  Texas,  That  said 
mounted  regiment  of  Texas  State  Troops,  organized  and  couuiianded  as  afore- 
said, be,  and  the  same  is  hereby  recognized  and  acknowledged  as  the  Frontier 
Regiment,  contemplated  to  be  raised  by  the  act  of  this  Legislature  aforesaid, 
subject  to  the  provisions  of  said  act,  except  as  may  be  hereiii  otherwise  pro- 
vided, and  that  the  sum  of  eight  hundred  thousand  dollars,  (§800,000)  or  so 
muf'h  thereof  as  may  be  necessary,  be,  and  the  safne  is  hereby  appropriated 
for  tlic  pav  and  support  of  said  regiment  for  the  term  of  twelve  months  from 
the  said  11th  day  of  February,  18G3,  or  until  further  action  of  the  Legislature 
of  this  St.ite. 

Skc.  2.  That  the  Governor  be,  and  he  is  hereby  authorized  to  transfer 
said  rcguueut  to  the  service  of  the  Confederate  States:  Provided  such  trans- 


20 

fer  can  be  made  upon  the  condition,  and  with  the  ejrpress  nndcrstanding^j 
that  said  rojriment  shall  be  retained  and  remain  upon  tbe  Indian  frontier  of 
the  State  of  Texas,  for  ifs  protection  ;  in  which  event  said  regiment  shall  be 
suV)jt'ct  solely  to  the  military  authorities^  of  the  Confederate  States,  and  na 
further  charge  for  the  pay  or  support  thereof  shall  thereafter  accrue  against 
the  State  of  Texas ;  but  in  the  event  no  transfer  of  said  regiment  is  made 
imder  the  provisions  of  this  act,  said  regiment  shall  remain  upon  said  frontier 
for  the  full  terra  of  twelve  months  from  the  said  February  Uth,  1863,  or 
until  otherwise  provided  by  law. 

Sec.  3.  That  so  much  of  the  •'  Act  to  provide  for  the  protection  of  the 
frontier  of  the  State  of  Texas,"  approved  December  21,  1861,  or  of  any  other 
act,  as  conflicts  with  the  provisions  of  this  act,  are  hei'eby  repealed,  and  that 
this  act  take  effect  from  and  after  its  passage. 

Approved  March  6th,  1863. 


CHAPTER  XXVI. 

AN  ACT  to  recfiilate  the  disti-ibutjon  of  doth  manufactured  at  the  State  Peniten- 
tiary among  the  families  of  Soldiers  in,  the  Confederate  Army. 

Section  1.  Be  it  enacfed  hg  the  Lfgislatii,re  of  the  Stale  of  Tezas^  That  nc 
cloth  sliall  be  hereafter  furnished  by  the  Financial  Agent  of  the  State  Peni- 
tentiary, on  application  by,  oj  on  behalf  of  the  families  of  soldiers,  unless  the 
Chief  Justice  of  the  county  in  which  the  applicant  shall  reside  shall  certify, 
in  his  ofBcial  capacitv,  to  the  truth  of  the  facts  stated  in  said  application. 

Sec.  2.     That  this  act  shall  take  effect  from  its  passage. 

Approved  March  6th,  1863. 


CHAPTER  XXVIT 

AN  ACT  to  provide  against  the  hostile  invasion  of   the  State  of  lezas  bp  persons 
of  color. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  any 
person  of  color  invading  or  coming  into  the  State  of  Texas  during  tbe  present 
war  between  the  Confederate  States  and  the  United  States,  with  any  armed 
force  of  the  enemy,  or  for  the  purpose  of  waging  war  against  the  people  of 
said  State  of  Texas,  or  the  people  of  any  of  the  Confederate  States,  or  of 
exciting  insurrection  amongst  our  slaves,  or  who  being  within  the  jnrisdirtion 
of  said  State,  shall  voluntarily  join  or  be  found  in  the  ranks  of  our  enemies, 
rendering  them  any  character  of  service,  or  in  any  maner  whatever  givirig^ 
them  aid  and  comfort,  shall  he  dealt  with  as  is  hereinafter  provided. 

Skc.  2.  Upon  tbe  apprehension  or  capture  of  any  such  person  by  t"he 
authorities  of  the  State,  or  upon  any  such  person  being  turned  over  after 
capture,  by  the  military  authorities  of  the  Confederate  Statr>s  to  the  civil 
authorities  of  the  State,  it  shall  be  the  dutyoi  the  State  authority,  h,T,ving 
said  person  in  custody,  to  forthwith  notify  the  Judge  of  the  District  Court 
of  bis  Jfidicial  District  of  the  fact,  who  shall  thereupon  designate  a  day, 
not  less  than  ten  nor  more  than  twenty  days  after  receiving  such  notification, 
when  he  will  examine  into  the  truth  of  the  accu-af  ion  made  ;  said  examination 
to  be  had  aft'-r  due  notice  thereof  to  the  prisoner,  in  the  county  where  said 
prisoner  is  detained  in  custody,  and  if  upon  said  examination  it  shall  appear 
that  the  pri-^oner  comes  under  the  provisions  of  the  1st  section  of  this  act, 
h  >  shall  be  deemed  to  have  forfeited  his  freedom,  if  he  be  free,  and  shall  be 
ordered  to  be  confined  in  the  State  Penitentiary  at  labor  until  the  espiratioa 


21 

<of  twelve  months  after  the  ratification  of  a  treaty  of  peace  between  the 
Confederate  States  and  the  United  States,  and  at  the  expiration  of  said  period 
to  be  dealt  with  as  hereinafter  further  provided. 

Sec.  3.  It  shall  te  the  duty  of  the  Secretary  of  StAte,  within  sixty  days 
after  the  ratitication  of  the  treaty  of  peace  aforesaid,  to  procure  a  complete 
list  of  all  persons  then  reuiaining  confined  in  the  Pcniteniiary  under  the 
provisions  of  this  act,  with  a  full  liescriprion  thereof,  including  the  name,  njre, 
complexion,  height  and  wt-ight  of  every  stich  person,  and  any  other  peculiar 
wark  bv  R^hicli  they  may  be  identified,  together  with  the  name,  and  re-id e.nce, 
if  known,  of  the  alleged  owner  of  such,  if  any,  as  claim  to  be  slaves;  which 
said  list  he  shall  cause  to  be  published  eig'jt  successive  vi'eeks  in  newspapers, 
published  in  tliree  different  portions  of  the  State,  one  of  which  shall  be  at  the 
Capital  of  the  .State,  and  no  two  of  which  shall  be  publi^hed  in  the  same 
congressional  district. 

Sec.  4.  At  tlic  expiration  of  twelve  months  after  the  ratification  of  the 
treaty  of  peace  af)re.>aid,  a  list  of  all  persons  remaining  in  the  Penitentiary 
iiniler  the  provisions  of  this  act,  and  not  kefore  then  reclaimed  as  runaway 
slaves,  shall  be  furnislied  by  the  Superintendent  of  tlie  Penitentiary  to  the 
Secretary  of  State,  and  each  person  thus  remaining  shall  be  remanded  to  the 
custody  of  the  Slienlfof  the  county  wherein  said  Peniteiiti  iry  is  situatcf'', 
who  shall,  within  sixt3  days  thereafter,  expose  said  person  to  sale  at  {)ublic 
auction,  before  the  court-house  door  of  said  county,  to  the  highest  bidder 
for  cash,  due  notice  of  the  person  to  be  sold  and  the  time,  place,  and  terms  of 
said  sale  having  been  first  given,  by  advertisement  published  eight  successive 
weeks  next  preceeding  said  sale,  in  newspapers  published — one  at  the  Capital 
of  the  State,  and  one  in  the  county  where  said  sale  is  to  be  made — or  wliero 
no  newspaper  is  published  in  said  county,  then  in  some  newspaper  published 
elsewhere  in  the  State,  and  not  at  the  Capital,  having  the  largest  circulation 
in  the  county  wherein  said  sale  is  to  be  made. 

Sec.  5.  The  purchase  money  for  each  and  every  person  thu^  sold  shall  be 
paid  by  the  purchaser  to  the  Financial  Agent  of  the  Penitentiary,  and  out  of 
the  proceeds  of  said  sale  the  SherilT  sliall  be  entitled  to  receive  the  same 
commissions  and  fees  as  are  bv  law  alh)>ved  in  cases  of  execution,  and  the 
balanct',  if  any,  after  paying  all  costs,  fees  and  expenses  arising  out  of  the 
custody,  maintenance,  advertisement  and  sale  of  the  persons,  after  leaving  the 
Penitentiary,  shall  be  by  said  Financial  Agent,  paid  into  the  State  Treasury. 

Sec  G.  The  Slieriff  n\aking  a  sale  of  any  person  under  the  provisions  of 
this  act,  shall  forthwith  thereafter  make  out  in  duplicate  a  full  and  clear 
account  and  statement  of  such  sale  under  his  h:^nd,  and  return  one  to  the 
Secretary  of  State  and  one  to  tlie  Clerk  of  the  County  Court  of  the  county 
wherein  such  sale  was  made,  who  shall  record  the  same  among  the  proper 
records  of  evidences  of  ownership  of  slaves. 

Sec.  7.  The  provisions  of  the  laws  of  the  State  authorizing  free  persons  of 
color  to  choo-e  their  masters,  or  to  leave  the  State,  are  hereby  repealed  as  to 
all  such  persons  now  in  the  State,  who  have  invaded  the  State  since  the 
beginning  of  the  present  war  under  the  circumstances,  or  for  the  purpose 
specified  iu  Section  1st,  of  this  act,  and  such  persons  shall  be  c^ealt  with  in 
all  respects  according  to  the  provisions  of  this  act:  Prwuled,  That  it  shall 
not  be  necessary  to  have  any  judicial  examination  of  any  such  persons  as  are 
already  coniined  in  the  Penitentiary,  but  sucb  person  shall  be  retained  in 
such  coufiuement  for  the  term  pre-cribed  for  otiier  cases  arising  under  this 
act  as  though  they  had  been  originally  committed  for  that  period. 

Sec  8.  The  owner  of  any  slave  held  in  custody  under  the  provisions  of 
this  act  may  reclaim  his  property  as  a  runaway  slave  at  any  time  after   Baid. 


22 

slave  has  passed  into  the  custody  of  the  State  authorities,  and  before  Be  has 
been  sold  :  Provided,  That  the  proceedings  for  the  reclamation  of  such  slave 
shall  be  had  at  t'le  cost  of  the  claimant,  and  before  the  Chief  Justice  of  the 
county  where  said  slave  may  be  held  in  custody  at  the  time  said  claim  is 
made  and  be  made  a  matter  of  record  in  said  County  Court,  but  the  r.ght 
to  any  person,  either  slave  or  free,  actually  sold  as  aforesaid,  shall  be  and 
remain  vested  in  the  purchaser  under  said  sale,  and  the  owner  of  any  slave 
thus  sold,  shall  only,  upon  proving  his  property  in  said  slave  within  three 
j'ears  after  said  sale,  be  entitled  to  receive  from  the  State  Treasury  the 
amount  paid  into  said  Treasury  on  account  of  the  sale  of  said  slave. 

Sec.  9.  The  District  Attorney,  Sheriff,  Clerk,  and  any  other  officer  whose 
services  may  be  required  in  any  proceeding  arising  under  the  provisions  of  the 
2d  section,  of  this  act,  or  who  may  have  already  rendered  service  in  any 
proceeding  resulting  in  the  commitment  of  any  person  to  the  Penitentiary  as 
contemplated  in  the  provisions  to  the  7th  Section  of  this  act,  shall  be  allowed 
the  same  fees  and  expenses  as  are  allowed  in  cases  of  felon)'. 

Sec.  10.     That  this  act  take  effect  from  and  after  its  passage. 

Approved  March  6th,  1863. 


CHAPTER  XXVIII. 

AN  ACT  to  punish  any  person  or  persons  who  may  obtain  goods  from  the  State 
Penitentiary,  under  false  pretences. 

Section  1.  Beit  enacted  by  the  Legislature  of  the  State  of  Texas,  That  if 
any  person  or  persons,  representing  themselves  as  agents  for  the  State  of 
Texas,  Confederate  Government,  widows,  soldiers'  families,  or  otherwise,  and 
as  such  shall  obtain  goods  from  the  acting  agent  of  the  penitentiary,  and 
dispose  of  the  same  in  any  other  way  than  as  intimated  by  them  to  the  said 
agent  at  the  time  of  obtaining  the  same,  shall,  on  convictioTi  thereof,  in  any 
Court  of  proper  jurisdiction,  be  condemned  to  serve,  at  hard  labor,  in  the 
State  Penitentiary,  not  less  than  two  nor  more  than  three  years  for  each  and 
everv  such  offence. 

Approved  March  6th,  1863. 


CHAPTER  XXIX. 

AN  ACT  to  amend  An  Act  entitled  An  Act  to  amend  the  Sixteenth  Section  of 
"  An  Act  to  provide  for  the  Assessment  and  Collection  of  Taxes,  approved  Feb. 
Wth,  1850,  aiyproved  January  Wth,  1862." 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That 
section  sixteen  of  "  An  Act  r.o  provide  f  )r  the  assessment  and  collection  of 
taxes,"  approved  February  11th,  1850,  be  so  amended  as  hereafter  to  read  as 
follow:^ :  That  if  any  person  shall  fail  of  refuse  to  pay  the  t;ixes  imposed  upon 
him  and  his  property  by  law,  until  the  1st  day  of  March  next,  succeeding  the 
return  of  the  assessment  roll  of  his  county,  to  the  Comptroller,  the  Assessor 
and  Collector  shall,  by  virtue  of  his  tax  list,  levy  upon  sn  much  property 
lialjle  to  taxation,  belonging  to  such  person,  if  to  be  found  in  his  county,  as 
may  be  sufficient  to  pay  his  or  her  taxes.  Provided,  hmpever,  That  if  such 
person,  his  agent  or  attorney,  shall  point  out  to  the  Asses-or  and  Collector 
sufficient  property  belonging  to  the  pfirty  assessed  in  said  county  to  pa}'  said 
taxes,  then  the  Assessor  and  Collector  shall  levy  up:-)n  the  property  as  point- 
ed out,  and  in  case  the  property  levied  on  is  about  to  he  removed  out  of 
the  county,  the  Assessor  and  Collector  shall  proceed  to  take  possession  of  so 


23 

mucli  tbf^reof  as  will  pay  the  taxes  assessed,  and  costs  of  collection  :  Provided , 
further,  That  any  person  Imvinji  no  real  estate,  or  not  a  sufRcienoy  lln-reof  in 
the  county  where  such  assossment  is  made  to  pay  his  or  her  taxes,  and  who 
is  about  to  remove  his  or  her  property  out  of  tiic  county,  after  tlie  ri-turn  of 
the  assessment  roll,  as  aforesaid,  and  before  the  time  specified  by  law  for  the 
pavmimt  of  taxes,  then,  and  in  that  case,  it  shall  be  the  duty  of  the  Assessor 
and  Collector,  by  virtue  of  his  tax  list,  to  levy  upon  and  take  into  his  po-.ses- 
sion  so  much  of  the  property  of  such  person  liable  to  taxation,  as  mav  be 
suffii'ient  to  pay  his  or  her  taxes  and  co.-ts,  and  the  Assessor  and  Collertor 
shall  be  entitled  to  the  same  fees  as  is  by  law  allowed  to  Sheriffs  for  similar 
services. 

Skc.  2.  That  "An  Act  to  amend  the  Sixteenth  Section  of  An  Act  to 
provide  for  the  assessment  and  collection  of  taxes,  approved  February  11th, 
1850,  approved  January  11th,  1862,"  be  and  the  same  is  hereby  repealed,  and 
this  act  take  effect  from  and  after  its  passage. 

Approved  March  6th,  1863. 


CHAPTER  XXX. 

AN  ACT  to  rnithorizc  the  Treasurer  to  pay  out  Confederate  Treasury  Notes  for 

Civil  ami  Military  purposes. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  S'.ate  of  Texas,  That  the 
Treasurer  of  the  State  is  hereby  authorized  to  pay  out,  for  civil  and  military 
purposes.  Confederate  Treasury  Notes,  received  and  paid  into  the  Trevury 
from  the  current  revenue  of  the  State,  or  from  other  sources. 

Sec.  2.  That  any  law,  so  far  as  it  conflicts  with  the  provisions  of  this  act, 
is  hereby  repealed  ;  and  thi-!  act  take  effect  from  its  passage. 

Approved  March  6th,  1863. 


CHAPTER  XXXI. 

AN  ACT  to  authorize  the  Commissioner  of  the  General  Land  Office  to  issue  to  nil 

persons  and  Corporation's,,  such  Land  Ceitificates  as   they  may  be  entitled  to 

receive  vmUr  any  General  or  Special  Lata  of  the  Stale. 

Sectio\  I.  Be  it  enacted  by  the  L''iyislat.ure  of  the  State  of  Texas,  That,  the 
Commissioner  of  the  General  Land  Offline  be,  and  he  is  hereby  authorized  to 
issue  to  all  per^^ons  and  corporations,  such  land  certificites  as  they  may  be 
entitled  to   under  any  general  or  special  law  of  tht  State. 

Skc.  2.  That  this  act  taiie  effect  and  be  in  force  from  and  after  its 
passace. 

Apr  oved  March  6th,  1863. 


CHAPTER  XXXII. 

AN  AC7  to  am^nd  an  Act  to  amend  an  Act  amendatorg  of  tite  Laics  to  raise, 
reveune  by  taxation,  approved  February  l6/h,  \^bS.  and  to  amend  an  Act 
entitled  an  Act  to  amend  an  Act  amendatory  of  the  J^mwh  to  raise  revenue  by 
taxation,  approved  February  IGth,  1858,  approved  April  Sth,  1861,  ajiproved 
January  \2>th,  1862. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas.  That  the 
first  section  of  the  above  entitled  act,  approved  .January  13fh.  1  862,  be  fo 
ame'pdcd  a>  to  hereafter  read  as  follows:  There  shall  be  levied  and  rdllecfed 
for  the  use  of  the  State  an  annual  direct  ad  valorem  tax  of  fifty  cents  upon 
each  hundred  dollars  value  of  property,  real  and  personal,  including  all  cotton. 


24 

wlieat,  flour,  corn,  and  all  otber  products  of  the  soil,  not  in  the  hands  of  tlie 
proiinrer,  in  this  State,  except  such  property  as  may  be  exempt  by  law  from 
taxation,  which  tax  shall  include  the  specific  tax  of  four  cents  oj>  the  one 
hundred  dollars  provided  by  law.  for  the  payment  of  the  interest  and  princi- 
pal of  loan;  and  chis  tax  shall  be  levied  and  collected  on  the  assessment  of 
extas  for  18C3. 

Sec.  2.  That  the  fourth  section  of  said  act  shall  hereafter  read  as 
follows:  Section  4.  That  the  first  section  of  said  act,  approved  April  8tb, 
1851,  recited  in  the  caption  hereof,  read  as  follows:  There  shall  be  assessed 
and  collected  of  each  peison,  firm,  or  public  corporation,  having  money,  or 
paper  curruncy  circulating  as  money,  loaned  at  interest,  buying  or  selling 
exchange,  or  buying  or  selling  rotes  of  band,  and  on  all  money,  or  paper  cur- 
rency circah\ting  as  money,  hoarded  or  kept  on  hand,  beyond  the  sum  of  two 
hundred  dollars,  a  tax  at  the  rate  of  tifcy  cents  on  eacla  hundred  dollars 
loaned,  hoarded  or  kept  on  iiand,  and  on  the  amount  of  capital  used  for  the 
purchasing  of  notes  or  exchange;  and  any  person,  firm,  or  public  corporation, 
having  money,  or  paper  currency  circulating  as  money,  or  hoarded,  loaned  at 
interest,  or  mone}^  or  paper  currency  circulating  as  money,  used  in  purchasing 
notes  or  exchange,  or  hoarded  or  kept  on  hand,  beyond  the  sum  of  two  hun- 
dred dollars,  who  shall  fail  or  refuse  to  give  in  the  same  for  taxation,  shall, 
upon  conviction  before  any  court  having  competent  jurisdiction,  forf 'it  ten 
per  centum  upon  the  amount  of  money,  or  paper  currency  circulating  as 
money,  thus  loaned  or  kept  on  hand  beyond  two  hundred  dollars,  or  used  in 
purcua>ing  notes  or  exchange,  and  not  given  in  for  taxation,  to  the  use  of  the 
informant  and  of  the  State,  each  one-half.  That  each  and  every  person  or 
firm  engaged  in  the  sale  of  goods,  wares  and  merchandize,  vmons  or  sp'ritnous 
liquors,  when  sold  in  quantities  of  a  quart  or  more,  shall  pay  a  tax  of  fifty 
cents  on  each  hundred  dollars  value  of  such  articles  purchased  for  sale,  or 
received  for  sale  as  agent  or  auctioneer  by  such  person  or  firm;  and  it  shall 
be  the  duty  of  each  Assessor  and  Collector  in  this  State,  once  in  every  three 
months,  or  oftener,  to  call  upon  such  person  or  firm  so  occupied  or  en^;aged  in 
his  county  for  an  account  of  such  purchase  or  consignments,  to  be  made 
under  oath  ;  and  evevy  person  or  firm,  when  so  called  upon,  who  shall  fail  or 
refuse  to  furnish  such  Assessor  and  Collector  with  an  account  of  such  purch- 
ase or  consignment,  during  the  term  for  which  the  assessment  is  to  be  made, 
shall  be  liable  to  a  peralty  of  fifty  dollars  for  each  failure  or  neglect,  to  be 
recovered  on  information  of  the  Assessor  and  Collector,  before  any  Justice  of 
the  Peace  of  the  proper  county,  by  a  suit  in  the  name  of  the  State  ;  and  this 
specific  tax  levied  shall  exempt  the  goods,  wares  and  merchandize  of  such 
person  or  firm  from  the  ad  valorem  tax  levied  by  this  act. 

Skc,  3.  This  act  shall  be  in  force  and  take  effect  from  and  after  its 
passatie. 

Approved  March  6tb,  1863. 


25 

CHAPTER  XXXiri. 

AK  ACT  suirplemenfnl  t  >  An  Act  to  amend  An.  Act  to  amend  An  Act  to  amend  An 
Act,  ammrlalorij  of  the  Laics  to  Raise  Revenue  hy  Taxation,  approved  Eb.  IQth, 
1 858  ;  and  to  amend  An  Act  entitled  An  Act  to  amend  An  Act  ainendatwy  of 
the  Laies  to  Raise  Revenue  hi/  Taxation,  approved  Feb.  I6th,  1858,  approved 
April  Sth,  18G1,  approved  the  Clh  day  of  March  1863. 

Si'.CTioN  1.  Be  it  enacted  by  the  Lfgislature  of  the  State  of  Texas,  Tliat  the 
3d  section  of  the  above  recited  act,  apiiiuved  April  8th,  18(jl,  shall  hereafter 
read  as  follows : 

Sec.  3.  That  the  fith  section  of  said  act  shall  hereafter  read  as 
follows:  "There  shall  be  asst^ssod  and  collected  of  each  and  every  person 
pur-siiinfr  the  occupation  of  hawker,  pedhir  of  goods,  or  other  articles  not  man- 
ufactured in  the  State,  an  annual  diri-ct  tax  of  lilty  dollars  in  each  countv  in 
which  he  mny  pursue  such  occupation  ;  of  each  and  every  person  oi  iirm 
keepinfj;  a  billiard  tabic,  an  annual  direct  tax  of  fifty  dollars  for  eT"h  table  so 
kept;  of  each  and  every  person  or  firni  keeping  a  nine  or  ten  pin  alley,  ;  n  an- 
nual direct  tax  of  forty  dollars  for  each  alley  so  kept  ;  of  each  and  every 
person  or  (irni  keeping  a  hotrl  in  towns  of  five  hundred  inhabitants  or  less, 
ten  dollars  ;  in  any  town  with  over  five  hundred  and  under  two  thousand 
inhaliitants,  filteen  dollars;  in  any  town  with  over  two  thousand  and  under 
five  thousand  inhabitants,  twenty  dollars;  in  every  town  with  five  thousand 
or  over  in.iaV'itants,  thirt}^  dollars  ;  on  each  and  every  person  or  firm  keefung 
any  le^taurant,  cook  shop,  or  eating  house,  for  pay  or  enioliiuient,  fifteen 
dollars ;  on  each  and  every  person  or  firm  keeping  an^'  brewery,  twenty  dol- 
lars;  on  each  and  ever}'  person  or  firm  keeping  any  beer  shop,  in  which  no 
vinous  or  spirituous  licpiors  are  vended,  twenty-live  dollars  ;  on  each  and 
every  person  or  firm  keeping  any  distiller}'  of  spirituous  liquors,  one  thousand 
dollars  on  each  and  every  stdl  used  by  them  in  the  distillation  of  an)'  spiritu- 
ous liquors  from  anj'  kind  of  grain  ;  on  each  and  every  person  or  firm  keeping 
any  storage  warehouse,  ten  dollars;  on  each  and  every  person  or  firm  engag- 
ed in  re-pressing  cotton,  twenty-five  dollars;  on  each  insurance  company, 
fifty  dollars;  on  each  and  every  pi  rson  or  firm  keeping  a  livery  stable,  fiiteen 
dollars;  on  each  and  every  toll  brid£;e  or  ferr}'  ke[)t  and  used  ft)r  pa}'  as  mucli 
as  six  mouths  in  each  year,  ten  dollars;  on  each  and  every  person  enraged 
in  the  practice  of  dentistry,  for  pay  or  emolument,  ten  dolhirs;  on  each  and 
every  person  having  a  fixed  annual  salary,  whether  as  a  public  oflicer  or  by 
private  contract,  twenty-five  cents  on  each  hundred  doUars  of  such  salary 
over  and  above  five  hundred  dollars;  upon  each  and  every  firm  or  person 
keej.ing  a  race  track,  forty  dollars;  on  each  and  every  person  or  firm  pursu- 
ing the  occupation  of  real  estate  broker,  ship  broker,  cotton  broker,  or  any 
commission  business,  for  each  and  every  such  establishment,  twenty  dollars  ; 
on  each  pen-on  or  firm  engaged  in  the  business  of  underwriting,  or  selling 
dry  good-,  groceries,  or  drugs  and  jnedicines,  ten  dollars  ;  on  each  and  every 
pawn  broker,  forty  dollars;  on  each  and  every  person  engaged  in  negro  trad- 
ing, for  each  negro  sold,  five  dollars.  It  shall  be  the  d  ity  of  every  person  or 
firm  engaged  in  the  oecupation  of  hawker  or  pedlar,  billiard-table  keeper, 
keeper  of  nine  or  ten  pin  alleys,  coo^k  shop,  eating  house  or  restaurant,  race 
track,  auctioneer,  hotel  keej  er,  pawn  broker,  or  distillery,  before  entering 
upon  any  sucli  occupation,  to  fir-t  call  upon  the  .\ssessor  and  Collector  of  the 
county  in  which  he  may  intend  to  follow  such  occupat'on,  and  pay  the  tax 
required,  and  take  a  receipt  for  the  same,  setting  fortii  the  occupation,  and 
the  amount  of  tax  pod,  which  receipt  he  shall  file  with  the  Clerk  of  the 
County  Court,  who  shall  thereupon  issue  to  him  a  license  to  follow  sucU  oecu- 
pation  for  the  term  for  which  the  license  tax  has  been  paid,  and  any  person 


26 

failing  to  do  so  shall  be  required  to  pay  a  double  tax.  It  sball  be  further  the 
dutj'  of  the  Clerk  to  keep  a  book,  iu  which  he  shall  enter  ihe  names  of  all 
persons  obtaining  a  license,  vvirli  the  amount  of  tax  paid,  and  the  date  of  the 
license,  vvkich  book  shall  at  all  times  be  oppn  to  the  in-^pection  ot  the  County 
Com t,  and  to  all  officers,  executive  and  judicial,  of  his  county,  a  transcript 
of  which  book,  certified  by  Uie  Chief  Justice,  and  under  the  seal  of  the  court, 
lie  shall  transmit  to  the  Comptroller,  on  the  1st  day  of  June,  in  each  and 
every  year;  fo;  which  service  the  Clerk  shall  be  entitled  to  a  fee  of  one  dollar 
in  each  case,  to  be  paid  by  the  p^vrty  obtaining  the  license." 

Sec.  2.  That  this  act  take  effect  from  and  after  its  passage,  and  apply  to 
the  assessment  of  taxes  for  1863. 

Approved  March  Gth,  1863. 

CHAPTER  XXXIV. 

AN  ACT  to  amend  the  ninth  section  of  an  Act  entiled  '^  An  Act  to  provide  for  the 

registration  of  deeds  and  other  instruments  of  writ^'ng,^^  approved  May  \2th, 

1846. 

Section  1.  Be  it  enacted  hy  the  Legislattire  of  the  State  of  Texas,  That  the 
ninth  section  of  the  above  recjted  act  shall  hereafter  read  as  follows:  That 
when  tiie  subscribing  witnesses  to  any  instrument  of  writing  may  be  dead,  or 
their  place  of  residence  unknown  or  when  they  reside  out  of  the  State,  an 
affidavit  thereof  may  be  made  and  attached  to  such  instrument;  after  which 
it  may  be  proved,  for  the  purpose  of  being  recorded,  by  the  evidence  of  the 
hand-writing  of  the  grantor  or  person  who  executed  such  instrument,  and  at 
least  one  ot  the  subscribing  witnesses ;  or  when  the  grantor  or  person  who 
executed  such  instrument  >i'ined  by  making  his  mark,  by  proof  of  the  hand- 
writing of  both  the  subscribing  witnesses;  which  evidence  shall  cnrsist  of  the 
deposition  or  affidavit  of  two  or  more  disinterested  person  ,  in  writing,  at- 
tached to  such  instrument ;  and  the  officer  taking  such  proof  shall  make  a 
certificate  thereof,  sign,  and  seal  the  same  with  his  official  seal. 

Sec.  2.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  Gth,  1863. 


CHAPTER  XXXV. 

AN  ACT  to 2)unish persons  tolio  evade  or  assist  in  evading  the  Conscript  Laws 
of  the  Confederate  States  of  America. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  any 
person  or  persons  within  this  State  who  shall  wilfully  discourage  any  other 
person  or  persons  who  are  subject  to  the  Conscript  Laws  of  the  Confederate 
States  oi  America  from  enlisting  in  the  military  service  of  the  Confedurate 
States,  with  intent  to  evade  the  Conscript  Laws,  or  who  being  subject  thereto 
shall  himself  evade,  or  aid  or  as^ist  any  otiier  person  fieing  subject  thereto  to 
evade  the  operations  of  said  Conscript  Laws,  shall  be  guilty  of  a  felony,  and 
on  conviction  thereof  shall  be  pu.nislied  by  imprisonment  in  the  Penitentiary 
for  a  term  not  less  than  two  nor  more  than  five  years,  at  the  discretion  of  thejury. 

Sec  2.  That  any  person  or  persons  wl  o  shall  harbor,  aid  or  as~ist  any 
other  person  or  persons  who  have  been  enrolled  under  the  Conscript  Laws  of 
the  Comederate  States,  in  evading  or  resisting  the  operation  of  said  laws, 
shall  Ite  punished  by  imprisonment  in  the  Penitentiary  for  a  term  not  less 
than  «>ne  nor  more  than  four  years. 

Sec.  3.     That  if  any  person  or  persons  who,  being  liable  to  be  enrolled  and 

1 


27 

con!=cripted  under  the  said  Conscript  Law*:,  shall  bj'  misrepresentation,  false- 
hood or  fr.^ud,  obtain  a  certificate  of  exemption  therefrom,  he  shall  be  deemed 
guilty  cf  an  offence,  and  upon  conviction  tiicreof  shall  be  punished  by  con- 
finement in  the  Penitentiary  for  a  term  not  less  than  one  uor  more  than  three 
years. 

Approved  March  6th,  18G3. 


CHAPTER  XXXVI. 

AN  ACT  authorizing  the  releast  of  securities  on   the  hands  of  Assessors  and' 

Collectors. 

Skcti  )n  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas^  That  the 
securities  upon  the  bond  of  any  Assessor  and  Collector  of  Taxes  in  tins  State, 
or  any  one  of  them,  may  at  any  time  present  a  petition  to  the  Chief  Justice 
of  the  county,  prayinp;  that  such  Assessor  and  Collector  may  be  required  to 
give  a  new  bond,  and  that  he  or  they  nif  y  be  discharged  from  all  liability  for 
the  future  acts  of  such  Assessor  and  Collector;  whereupon  it  shall  be  the 
duty  of  said  Chief  Justice,  whether  in  term-time  or  vacation,  to  cause  a  cita- 
tion to  be  issued  and  served  upon  such  Assessor  and  Collector,  requiring  bim 
to  appear  on  a  day  named  in  the  citation,  which  may  be  in  term  time  or 
■vacation,  and  give  a  new  bond.  When  such  new  bond  has  been  required,  an 
order  to  that  effect  shad  be  entered  upon  the  minutes  of  the  County  Court, 
requirins:  such  Assessor  and  Collector  to  give  the  bond  in  ten  days  from  the 
date  theieof;  and  until  the  new  bond  is  given,  the  powers  of  the  Assessor 
and  Collector  sh;«ll  be  suspended  ;  and  when  the  new  bond  is  given,  the  secu- 
rities ori    '  0  former  bond  shall  be  discharged  from  further  liability  thereon. 

t'K'^  2.  That  if  such  Assessor  and  Collector  shall  fail  to  give  the  now 
bond  r-  quirc-d  in  ten  days  after  tl  e  order  requiring  the  same,  his  office 
shall  be  vicai>jd,  and  the  vacancy  shall  be  filled  as  other  vacancies  in  that 
office. 

Stx.  S.     That  this  act  shall  be  in  force  from  and  after  its  passage. 

Approved  March  6th,  lb6o. 


CHAPTER  XXXVII. 

u4N  ACT  snp2ilsmentary  to   An  Act,  entitled  An  Act  to  punish  speculations  in 

certain  cases. 

SfCTioN  1.  Beit  enacted  by  the  Legislature  of  the  State  of  Texas,  That  if 
any  person  as  agent  for  the  family  or  families  of  Soldiers  of  the  Confederate 
States,  or  of  this  State,  or  any  other  jierson,  shall  procure  from  the  State 
Penitentiary  any  articles  manufiicturod  therein,  and  sliall  claim  for  .>.nd 
appropriate  any  portion  thereof  to  his  individual  benefit,  upon  any  pretext 
whatever,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  in  any  sum  not  less  than  ten  nor  more  than  five 
himdred  dollars  for  each  offence.  If  any  Quartermaster  or  Commissa'-y,  or 
person  of  tlie  army  of  this  State,  or  of  the  Confederate  States  of  America, 
who  is  authorized  or  empowered  to  purchase  supplies  of  any  and  every  kind, 
for  said  army,  sh.all  be  directly  or  indirectly  interested  in  the  purcliase  of 
such  articles  by  l^imselt  or  tiirought  an  agent  or  agents,  for  his  or  their 
profits,  or  shall  make  profit  or  gain  by  such  purchase  beyond  the  fees  or 
salaries  allowed  by  law  to  them,  he  or  they  so  offendinc:  shall  bo  guiltj'  of  a 
felony,  and  shall  be  punished  by  confinement  in  the  Penitentiary,  at  hard 
labor,  fir  not  less  than  two,  nor  more  than  ten  years. 

Approved  March  6th,  1863. 


28 

CHAPTER  XXXVIII. 

AN  ACT  appropriating  ticenty  thousand  dollars,  or  so  much  thereof  as.  may  he 

necessary  fur  the  re-coveHng  or  repairing  the  roofs  on  the  Capitol,  the  General 

Land  Office,  the  old  Land  Offi.ce  and  Treasury  buildings. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  twenty  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be 
and  the  .«ame  is  hereby  appropriated  to  pay  for  re-covering  or  repairing  the 
roofs  of  the  Capitol,  the  General  Land  Office,  the  old  Land  Office,  and  the 
Treasury  Buildings. 

Sec.  2.  That  the  Board  of  Commissioners  of  Public  Grounds  and  Buildings, 
be,  and  they  are  hereby  authorized  to  contract  for  the  re-covering  or 
repairmg  the  roofs  of  said  buildings  with  such  persons  and  on  such  te.'uis  as 
they  may  think  most  advantageous  to  the  State. 

Skc.  3  That  the  contracts  entered  into  with  said  Commissioners  for  the 
re-covering  of  any  ot  such  buildings,  shall  require  such  building  to  be  covered 
with  good,  sound  heart  cedar  or  red  cypress  shingles;  said  shingles  to  be 
at  least  eighteen  inches  long,  not  less  than  tive-eighths  of  an  mch  thick  and 
when  put  upon  such  roof  shall  not  show  more  than  four  inches  at  the 
lower  end.     Said  shingles  shall  not  average  more  than  four  inches  in   width. 

Sec.  4.  Such  work  may  be  let  out  in  one  or  more  contracts;  and  by  «ucb 
contract  or  contracts  said  Commissioners  shall  not  agree  to  pay  more  than 
three-fourths  of  the  price  agreed  to  be  paid  for  the  work  specified  in  the  same 
atthe  time  of  the  completion  of  said  work,  and  on  the  completion  of  every 
job  of  sucli  work  so  contracted  for,  said  Commissioners  shall  examine  the 
same,  and  if  they  find  such  work  well  done,  they  shall  i-eceive  the  same  and 
pay  to  the  contractor  doing  tliesame  tUree-fourths  of  the  price  agreed  to  be 
given  for  the  same;  the  remainder  of  the  price  agreed  to  be  paid  for  such 
work  not  to  be  duj  until  the  expiration  of  twelve  months  from  the  comple- 
tion of  such  work  ;  at  the  expiration  of  which  time  it  shall  be  the  duty  of 
said  Commissioners  tore-examine  said  work,  and  if  they  then  find  the  same 
to  be  water-tight  and  the  work  done  in  a  good  and  workmanlike  manner, 
they  shall  pay  to  such  contractor  the  full  amount  agreed  to  bo  paid  for  such 
work. 

Sec.  5.  On  entering  into  contract  with  any  person  or  persons  for  the 
performance  of  such  work,  or  any  part  of  the  same,  it  shall  be  the  duty  of 
such  Commissioners  to  require  of  the  person  or  persons  agreeing  to  do  such 
work,  a  bond,  with  two  or  more  good  and  sufficient  sureties,  which  bond 
shall  be  taken  for  double  the  amount  agreed  to  be  paid  for  the  work 
contracted  t  j  be  done  ;  said  bond  shall  be  payable  to  the  State  of  Texas,  and 
shall  be  conditioned,  that  if  said  work  be  not  done  iu  accordance  with  the 
contract  entered  into  between  said  Commi.ssioners  and  such  contractor  or 
contractors,  and  in  compliance  with  the  provisions  of  this  act,  then  such 
contractor  or  contractors,  and  his  or  their  sureties,  to  be  liable  upon  such 
bond  for  all  the  damages  the  State  may  sustain  by  such  failure;  said  contract 
and  bond  both  to  be  filed  in  the  office  of  the  Secretary  of  State. 

Sec.  6.  That  neither  the  receiving  of  any  job  of  such  work  by  said 
Commissioners  nor  the  payment  b}'  them  of  a  part  or  the  entire  amount  to  be 
paid  to  the  contractors  mentioned  in  this  act,  shall  operate  as  a  discharge  of 
the  obligations  contained  in  the  bond  required  to  be  given  ;  but  said  bond 
shall  remain  in  full  force  and  virtue  until  the  expiration  ot  three  years  from 
the  time  r^i  the  completion  of  tht  jub  of  work  mentinoed  in  said  bond.  And, 
if  at  any  time  during  said  period  of  three  years  said  Commissioners  shall 
ascertain  that  the  job  of  work  mentioned  in  said  bond  has  not  been  done 
in  a  good  and  workmanlike  manner,  and  according  to   contract,    they  shall 


29 

deliver  tlie  bond  of  such  contractor  to  the  Attorney  General  and  direct  iiim 
to  biinpr  suit  upon  the  same. 

Sicc  7.     That  this  act  take  effect  from  its  passage. 

Approved  March  6th,  1SG3. 


CHAPTER  :JCXXTX. 

AN  ACT  to  provide  for  electing  Senators  and  Representatives  to  the  10th  Legis- 
lature, for  the  year  18G3,  in  counties  occupied  hy  a  public  enemy. 

Sfction  1.  Be  It  enacted  hy  the  Legislntvrf  of  the  State  of  Texas,  That  in 
all  cases  where  Senatorial  or  Rcprosfntntive  Districts  are,  in  wholeor  in  part, 
occupied  by  a  public  enemy  so  that  elections  cannot  be  held  in  such  districts 
for  members  of  the  10th  Lefiislature,  aa  required  by  iaw,  the  legally 
qualified  fflectors  of  such  district  or  district.s  tuay  cast  their  votes  at  any 
precinct  o>r  precincts  in  the  State  for  a  citi/en  or  citizens  of  their  respective 
districts  for  Senators  and  Representatives  to  represent  them  in  the  10th 
Legislature,  and  the  several  Chief  .Justices  of  the  Counties  where  such  votes 
Bhall  be  cast  are  lif  rebj  required  to  certify  sufh  votes  so  cast,  and  return 
the  same  to  the  Secretary  of  State,  specific dlv  stating  the  district  for  wnich 
6uch  votes  weie  piven,  and  whether  tor  Scnptor  or  Representative,  under 
the  same  rep:ulati(ns  as  are  prescribed  in  other  cases;  and  ti)e  pcr>(Ui  or 
persons  havinp  the  hip;liest  number  of  votes  for  the  respective  oflloes  shall,  on 
producti(m  of  a  certilbate  of  the  fact  from  the  Secietarv  of  Stite,  be  eniitled 
to  represent  the  district  for  which  they  are  elected  in  t\ie  Senate  or  Hooae  of 
Representatives  (if  the  10th  Legislature,  as  the  case  may  be. 
Approved  March  Gth,  18G3. 


CHAPTER   XL. 

AN  ALT  to  proV'ide  necessary  assistance  for  Families  and  other  dependents  of 

Officers  and  Soldiers. 

Section  1  Be  it  enacted  hy  the  Legislature  of  the  Sta^e  of  Texas,  That  each 
County  Court  for  administrative  police  in  the  respective  county,  is  charged 
with  the  duty  of  providing  necessary  assistance  for  faniiHes  and  other  dcpen^ 
dents  of  ofbcers  and  soMiers,  who  have  been  or  may  be  in  the  mjlitary  ser- 
vice of  the  Confederate  States  of  America,  or  of  this  .'>tate,  during  the  pendins? 
war  with  the  United  States  of  America;  and  tlie  court  shall  conduct  this 
business  with  appropriate  regularity,  keeping  full  rr.inutes  of  its  pro'-eedings 
in  a  book,  not  containing  any  other  matter  ;  and  such  book  shall  be  always 
subject  to  the  inspection  of  any  orderly  citizen. 

Sf.c.  2.  Such  business  may  be  transacted  at  any  regular  term  of  t\ic 
court,  or  at  any  special  term  which  ma}*  be  ordered  by  the  Chief  .Justice,  he 
causing  written  notice  thereof  to  be  given  to  each  Crunty  Ctimmissioncr,  of 
left  for  him  at  his  residence  with  some  member  of  his  family,  or  posted  on  hii 
door,  at  least  five  days  in  advance  of  the  time  appointed  for  such  special 
term. 

Sk.c.  3.  Tn  such  business  the  Court  may  obtain  money,  or  other  meanPf 
either  by  public  appropriation  or  bj'  private  donation  ;  and  the  court  may  so 
use  any  funds  which  it  may  now  ha;e,  or  may  hereafter  acquire,  derived 
from  taxation  or  otl  er  ordinary  source;  and  the  court  shall  raise  funds  there- 
for by  extraordinary  taxation,  as  may  be  proper  to  supply  necessary,  assist- 
ance for  the  families  or  individuals  to  be  provided  for,  so  that  their  person* 
ahall  have  suitable  subsistence  and   comfort,  and  propf^rty  in   their  charge 


30 

shall  hare  prudent  management  to  prevent  loss  or  waste,  and  to  promote 
appropriate  income  ;  provided  such  extraordinary  taxes  shall  be  collected,  «s 
Heeded,  according  to  the  State  assessment  as  it  may  be  trom  time  to  time; 
and  further  provided  the  amount  of  tax  collected  shall  not  exceed  the  sum  of 
seventy-five  cents  ou  the  one  hundred  dollars.  Within  ten  days  after  the 
levy  of  the  tax  it  shall  be  the  duty  of  the  County  Court  to  report  to  the 
Comptrollej  of  Public  Accounts,  by  certificate  under  seal  of  the  county,  the 
rate  ot  taxation  so  levied  by  such  court ;  and  on  the  receipt  of  such  report  by 
the  Comptroller,  It  shall  be  his  duty  to  notify  the  Assessor  and  Collector  of 
eav'h  county  in  the  State  of  the  rate  of  taxation  so  levied  by  each  of  the  several 
Counties  so  reported  to  him. 

Sec.  4.  In  such  business  the  court  may  administer  the  means  under  its 
control,  not  only  in  any  mode  which  may  be  prescribed  by  law,  but  consist- 
ently therewith,  by  any  other  suitable  instrumentalities. 

Sec.  5.  Should  the  court  fail  to  perform  its  duty,  and  so  leave  without 
adequate  care  any  of  the  foregoing  subjects,  the  District  Court  and  Judge  of 
the  n^speciive  locality  shall  have  jurisdiction  to  compel  the  County  Court  to 
perform  its  duty  ;  and  such  jurisdiction  may  be  exercised  on  the  complaint  of 
any  person  who  may  present  such  grievance,  whether  it  be  to  himself  or  to 
any  other  person  or  persons  for  whom  the  complaint  may  be  made ;  provided 
such  control  shall  not  be  exercised  until  at  least  a  n.ajontyof  the  members 
of  the  County  Court  shall  have  been  cited  to  appear  and  answer  the  com- 
plaint ;  and  the  citation  shall  be  executed  at  least  ten  days  before  the  time  for 
answering  ;  and  the  mode  of  service  shall  be  by  giving  a  copy  to  the  person- 
or  by  leaving  it  at  his  residence  with  some  member  of  his  family,  or  posted 
on  his  door. 

Sec.  6.  This  Act  shall  be  cumulative  of,  and  not  a  repeal  of  an  "Act 
authorizing  the  County  Courts  of  the  several  Counties  in  this  State  to  lovy 
and  collect  a  special  tax  for  war  purposes  on  all  proj^erty  subject  to  taxation 
by  the  State,"  approve cf  January  1st,  1802,  but  said  Act  shall  be  and  remain 
in  force. 

tSEc.  7.    This  Act  shall  be  in  force  from  its  passage. 

Approved  March  Gth,  1863. 


CHAPTER  XLl 

AN  ACT  to  supply  a  deficiency  in  a  certain  ajjpropriation  for  2>^^?/i'n9    Officers 

and  Soldiers  of  State  Troo2)s. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Sta,te  of  Texas,  That,  in 
addition  to  the  former  appropriation  of  three  hundred  thousand  dnllais,  the 
further  sum  of  two  hundred  thousand  dollars,  or  so  much  thereof  as  m;»y  be 
necessary,  is  appropriated  out  of  any  money  in  the  Treasury  v^'  otherwise 
appropriated,  to  carry  out  the  provisions  of  "  An  Act  to  provide  for  au'iiring 
and  settling  all  claims  against  the  State  on  account  of  volunteer  companies, 
■called  out  by  the  Governor  or  Committee  of  Safety,  and  for  the  delense  of 
the  State,  and  providing  payment  for  the  officers  and  men  thereof,"  approved 
January  4th,  1862. 

Sec  2.     This  act  shall  >e  in  foico  fro^a  its  passage. 

Approved  March  Gth,  I8G3. 


31 

CHAPTER  XLII. 

AN  ACT  to  provide  for  the  sale  of  Lots  in  the  CHy  of  Austin. 

Section  1.  Be  it  evaded  h/  the  Legidatnre  of  the  State  of  Texas,  Thzt  the 
Comptroller  is  authorized  aiid  required  to  i<c!l  all  of  the  lots  in  the  ciiyof 
An>iin  not  heretofore  sold  by  the  State,  except  such  as  have  been  reserved 
for  public  purposes,  not  embracing  in  this  exception  the  lots  around  tho 
Capitol  grounds  that  remain  unimproved,  which  are  hereby  subjected  to 
sales. 

Sec  2.  After  six  weeks  notice  by  piiblic-vtion  in  one  newspaper  in  each  of 
the  cities  of  Austin,  San  Antonio  and  llouhton,  the  sale  shall  be  made  at  the 
Comptrollers  oifice,  l>y  pui'lic  a'iction.  to  ihe  highest  bidder,  for  each  lot: 
to  be  seiierately  sobi  (■;'•  pioi-!}.t  j.ajment  iii  Treasury  Warrants  of  this  State. 

Skc.  8.  In  the  discret  on  of  the  C«.iniptrollei  sale  may  be  made,  either  of 
all  the  lots  under  one  notice,  or  of  portions  nndir  dillerent  notices. 

Si;c.  4.     This  act  sliall  be  iu  force  from  its  pas^sage. 

Approved  March  Gtli,  IfciOS. 


CHAPTER  XLIII. 

AN  ACT.  inaiitng  further  appropriatiims  for  the  use  and  support  of  the   Stat4 
Government,  for  the  years  1802  and  18G3. 

Skction  T.  Be  it  enacted  hi/ Ihe  Legislature  of  the  Sf.a'c  of  Texa,s,  That  the 
following  sums  be,  and  they  are  hereby'  approj  riated  for  the  use  and  support 
of  the  State  Government  for  the  years  1^02  and  l^Go,  in  addition  to  the  sunas 
»p|iropriated  iy  the  act  approved  Januarj-  l3th,  1862: 

For  tiie  support  of  the  Lunatic  Asylum,  $510,000  00 

Expenses  incui  led  undei- the  provi>iuns  (.fan  act  providing 

lor  disposition  tif  runaway  slaves,  approved  April  8,  '61,  2,000  00 

For  purcba-*e  of  fire-wood  and  stationery,  and  for  .itting  up 

the  Uapitol  for  the  next  Legi-biture.  and  for  taking  care 

of  the  Otipitol,  and    forrepairing  and  taking  care  of  the 

1  urn  it  II  re,  3,000  00 

For  extra  clerk  hire  in  State  Department,  in  addition  to  • 

lonner  appro;  riation,  500  00 

For  wood  and  porter  hire  in  State  Doparnient  2U0  00 

Forudditional  appropriation  to  Secretary  of  State,  for  pos- 
tage, 100  00 
For  stationery  to  Secretary  of  State,  additional,                              300  00 
Foradditional  appropriation  for  Adjutant  General's  Office 

for  wood  and  porters.  100  00 

For  additiLMial  appropriation  for  same,  for  postage,  150  00 

For  Jiddiiionil  appioj^'iation  tor  same,  for  stationery,  300  00 

To  pav  the  salaries  of  Librari.ius  of   the  Supreme  Court  at 

Galveston   Tyler  at.d  Austin,  900  00 

Fo     ).>-r;>^e  lor  Executive  D.partinent,  300  00 

For  siaionerv,  800  00 

F.r  p..>r...^e,  for  Comptroller's  Omce,  800  00 

For  r^taticnery  1,000  00 

F  •!      1,  I'lvinsr  defieiencv   in  tlie  onnropriation  for  taking 

s     ..l.Jsticcei.Mis  fo.   1862:u.d  lb'63.  800  00 

Ariiri  1  claim  ol    J.    W.   Magoffin,  as  allowed   by  S.  A. 

A'  iverick,  Thos.  J.  Ue>iiie  pj\d  P.  W.  Luckett,  to  be  au- 

Uiied  ui'd  allowed  by  the  Comptr«^ller,  on  the  Certificate 


32 

signed  by  them  on  tbe  3d  December,  18G2.  6,345  60 

Ponton  of  Cynthia  Ann  Parker,    for  the  years  1862— '63  200  00 

Sec.  2.     That  this  act   take   eflect  from   and   after   ita 
passage 
Approved  March  Gth,  1863. 

CHAPTER  LXTV. 

AN  ACT  to  amend  the  2d  section  of  and  supplementary  to  an  Ad  to  perfect  the 

organization  of  the  State  Troops^  and  place  the  same  on  a  toar  footing^"  ap' 

proved  Dec.  25th,  ISGl. 

Section  1,  Be  it  enacted  bi/ the  Leg IslaMre of  the  State  of  Texas,  That  tbe 
second  section  of  the  act  recited  above  shall  hereafter  read  aa   follovv's,  viz  : 

All  officers,  State  and  County,  of  the  State  of  Texas,  except  Coroners,  Justices 
of  the  Peace,  Constables  and  Notaries  Public,  and  all  officers  of  the  Confed- 
erate States,  including  such  clerks  and  emoloyeea  as  they  by  law  are  entitled 
to  ;  officers,  clerks,  directory  and  guards  of  the  Penitentiary ;  superintendents 
and  teachers  in  the  deaf  and  dumb,  blind  and  lunatic  asylums ;  professors  and 
teachers  of  schools  and  academies  having  as  many  as  twenty  or  more  scliolars  5 
one  captain,  two  pilots  and  two  enginocers  to  each  steamboat  actually  in  the 
service  of  the  State  or  of  the  Confederate  States;  telegraphic  operators,  actual- 
ly engaged  as  such  ;  one  apothecar}'  for  each  apothecary  store  actually  engag- 
ed in  business;  presidents,  secretaries,  superintendents,  engineers,  conductors 
and  road  masters  of  railroads ;  mail  contractors  and  carriers;  ferrymen  On 
public  roads;  mechanics  actually  engaged  in  the  manufacture  of  spinning 
Jennies  or  cotton  cards;  persons  having  substitutes  in  the  army  of  the  Con- 
federate States  who  were  exempt  from  military  service  to  the  State  of  Texas  ; 
licensed  niini.sters  cf  the  Gospel,  and  such  millers  as  may  be  necessary  to  each 
steam  or  water  mill  that  grinds  for  the  public,  and  as  many  engineers  as  may 
be  necessary  for  such  steam  mill  in  actual  operation,  shall  be  exempt  from 
iniltary  service  to  the  State  of  Texas  as  prescribed  by  this  act. 

Sec  2.  That  during  any  invasion,  insurrection  or  rebellion,  whenever  in 
the  opinion  of  the  Governor  the  interest  of  the  State  demands  that  tlie  State 
Troops,  or*ny  portion  of  them,  should  be  called  into  service,  or  whenever 
the  President  of  the  Confederate  States  sball  call  upon  the  Governor  of  this 
State  to  furnish  an  additional  quota  of  soldiers  for  the  prosecution  of  the 
present  war,  or  upon  a  call  upon  the  Governor  by  the  General  Commanding 
this  department,  the  Governor  shall,  by  proclamation,  order  into  camp,  f:.om 
any  one  or  more  brigades,  a  sufficient  number  of  troops  to  fill  such  requisi- 
tion, or  to  quiet  such  rebellion,  or  insui  rection,  in  the  following  maimer,  to- 
Wit :  He  shall  order  the  Brig.  Generals  of  such  brigades  as  to  him  may  seem 
proper,  to  cause  each  Captain  within  his  brigade  to  muster  his  company  on 
any  designated  day,  and  cause  the  names  of  each  and  every  commissioned, 
non-commissioned  officer  and  private  to  be  placed  in  a  hat  or  box,  and  the 
proportion  of  said  com.panies  a,s  may  be  ordered  by  the  Brigadier  General 
shall  be  drawn  by  the  Captain,  or  any  person  whom  he  may  designate,  from 
the  hat  or  box,  and  such  persons  as  are  drav/n,  shall  immediately  repair  to 
the  camp  designated  by  the  Governor,  or  Brigadier  General.  And  it  shall 
be  the  duty  of  the  Brigadier  General  to  proceed,  immediately,  to  organize  the 
troops  drawn  into  service,  within  his  brigade,  into  companies  of  not  less  than 
pixty-four,  rank  and  file,  and  officered  as  is  required  by^  the  laws  of  the  Con- 
federate States ;  and  when  so  officered,  may  be  transferred,  by  the  Governor, 
into  the  service  of  the  Confederate  States,  for  a  period  of  not  more  than 
twelve  months,  and  shall  not,  by  any  commander,  be  carried  beyond  the  lira- 


33 

its  of  the  State  of  Texas.  And  the  Brigadier  Oeneral  shall,  upon  the  orcmi- 
zation  of  such  companies,  forward  a  muster  roll  of  each  company  to  the  Adju- 
tant and  Inspector  General  for  preservation— provided,  any  citizen  may  have 
the  privilege  of  volunteering  if  he  desires. 

Sec.  3.  That  Company,  battalion  and  regimental  drill  is  suspended  durine 
the  continuance  of  the  present  war.  ° 

Sec.  4.  That  Enrolling  ofScers,  whilst  engaged  as  such,  shall  be  entitled  to 
tne  pay  as  2d  Lieut,  of  Cavalry,  to  be  paid  out  of  the  Treasury  of  tbe  State 
the  same  to  be  approved  by  the  Brigadier  General  Commanding  the  brigade ' 
and  that  this  act  be  m  force  from  and  after  its  passase  ' 

Passed  March  7th,  18G3.  " 


JOIIS'T  KESOLUTIOISrS. 


CHAPTER  I. 

JOINT  RESOLUTION^  in  relation  to  an  Express  between  the  Mississippi  and 

Rio  Grande  Rivers, 
'  Whereas,  The  occupation  of  the  Lower  Mississippi  by  the  enemy,  and  the 
peculiar  condition  of  Texas,  in  consequence  of  the  war,  make  it  impossible,  by 
the  ordinary  mails,  to  obtain  the  needful,  early  and  reliable  information  from 
Richmond  and  the  Stales  East  of  the  Mississippi  River  :  And,  Whereas,  it  is 
of  the  greatest  importance,  that  during  the  war,  rapid  and  correct  informa- 
tion should  be  had  between  our  posts  on  the  Rio  Grande  and  Richmond, 
through  some  point  on  the  Mississippi — Therefore, 

Be  it  Resolved  hy  the  Legislature  of  the  State  of  Texas,  That  the  Hon.  Post- 
master General  be,  and  he  is  hereby  requested,  under  authority  of  the  Con- 
federate States,  to  contract  with  some  suitable  person  or  persons  to  run  a 
Pony  Express,  during  the  war,  between  Brownsville,  on  the  Rio  Grande,  via 
San  Antonio  and  Houston,  to  some  safe  point  on  the  Mississippi,  and  back 
again,  twice  a  week,  the  trips  to  be  made,  each  way,  in  five  days,  if  practica- 
ble, to  carry  letters  only,  and  at  such  rates  of  postage  as  may  be  deemed 
right  and  proper  by  the  Post  Master  General. 

Approved  February  9th,  1863. 


CHAPTER  IT. 
JOINT  RESOLUTION, 

Section  1.  Be  it  Resolved,  hy  the  Legislature  of  the  State  of  Texas,  That  the 
people  of  Texas,  acknowledging  with  heartfelt  gratitude  the  favor  of  God  in 
the  briiliant  achievements  of  our  Confederate  armies,  do  hereby,  formally  ?nd 
sincerely,  tender  to  the  Officers  and  Privates  in  the  Military  Service  of  the 
country,  from  the  State  of  Texas,  the  thanks  and  praises  they  have  so  justly 
merited,  by  their  self-sacrificing  devotion  to  their  country,  and  their  many 
deeds  of  valor  upon  every  battle-field  of  the  Confederacy. 

In  the  niime  of  a  gallant  State  and  a  gallant  people  we  thank  you.  In 
the  name  of  your  mothers,  your  wives,  and  your  sisters,  we  thank  you  for  j  our 
gallant  deeds. 

You  have  won  for  yourselves  imperishable  renown.  You  have  won  for  your 
State  the  highest  honors. 

Sec.  2.  Resolved,  That  while  our  brave  troops  are  battling  so  gloriously 
for  the  dearest  interests  of  our  people,  we  recognize  it  as  a  sacred  obligation 
to  provide  for  their  comfort,  and  to  support  and  cherish  their  families  at 
home. 

Sec.  3.  Resolved,  That  the  faith  of  the  State  of  Texas  is  hereby  pledged 
to  our  soldiers  in  the  field,  that  their  families  shall  be  nourished  and  supported 
during  the  war. 


35 

Sec.  4.  Resolved,  That  the  Governor  be  instructed  to  have  a  copy  of  this 
rosolution  transmitted  to  every  Texas  regiment  now  in  ths  service,  with  the 
request  that  it  may  be  read  out  to  every  company. 

Approved  February  2l£t,  1SC3. 


CHAPTER  HI. 
JOINT  RESOLUTION,  in  relation  to  the  Indehbedn&ss  of  the  Confederate  Slates. 

Whereas,  The  Legislature  of  the  State  of  Texas  considers  the  faith  of  the 
Confederate  States  fully  and  sacredly  pledged  to  the  payment  of  all  indebted- 
ness which  has  been  or  may  be  incurred  by  the  Confederate  States,  during 
the  war  between  said  Confederacy  and  the  United  States  of  America,  and  that 
should  any  State  composing  said  Confederacy  withdraw  thcxefrom,  from  any 
cause,  before  the  p.ayment  of  such  indebtedness  shall  have  been  fully  com- 
pleted, such  withdrawing  State  will  be  bound  to  the  payment  of  her  ;>ro  rata 
portion  of  such  remaining  indebtedness — Therefore, 

Section  1.  Be  it  Rvsuh^ed  hy  the  Legislature  of  the  State  of  2ea;as,  That 
should  the  State  of  Texas,  from  any  cause,  witiidraw  from  hei  association  as  a 
member  of  the  Confederate  States,  before  the  indebtedncf^s  of  said  Ccnfeder- 
ate  States  is  fully  pa:d,  the  laith  of  the  State  is  hereby  pledged  to  the  pay- 
ment of  her  pro  rata  portion  of  such  remaining  indebtedness,  to  whoever  the 
same  may  be  due. 

Sec.  2.  That  the  Governor  of  tlie  State  transmit  to  the  President  of  the 
Confederate  States,  and  to  the  Governor  of  each  of  said  States,  a  certified 
copy  of  this  resolution. 

Approved  February  27th,  1863. 


CHAPTER  IV. 
JOINT  RESOLUTION,  in  relation  to  PMic  Printing. 

Section  1.  Be  it  Resolved  by  the  Legislature  of  the  :^!ate  of  Texas,  That  dur- 
ing the  continuance  of  the  war  between  the  Confederate  States  and  the 
United  States,  the  Secretary  of  State,  Comptroller  and  Treasurer,  or  a  ma- 
jority of  them,  are  required  to  procure  to  be  done,  all  such  printing  as  may 
be  necessary  fur  the  use  of  the  State,  under  existing  laws  ;  and,  in  so  doing, 
they  shall  be  governed  as  nearlj-  as  may  be  b}'  the  existing  laws  regulating 
the  public  printing,  but  may  depart  tlierefrom  as  to  prices  to  be  paid,  and 
other  matters,  so  far  as  may  be  necessary,  in  order  to  accomplish  said  object. 

Sec  2.     This  Joint  Resolution  shall  be  in  force  from  and  after  its  passage. 

Approved  Marcu  Cth,  1803. 


CHAPTER  V. 
JOINT  RESOLUTION,  concerning  certain  Salines. 

Resolved,  That  the  Military  Board  be  instructed  to  enquire  into  the  expe- 
diency of  working  certain  Salines  and  salt  works  near  Double  Mountains,  on 
the  North-western  frontier  of  this  Slate  ;  and,  tliat  should  they  deem  the 
enterprise  expedient,  they  will  immediately  take  such  measures  as  may  be 
necessary  for  working  the  same,  under  the  supervision  of  State  authority  ; 
and  that  the  sum  of  five  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  be  appropriated  out  of  anj'  funds  in  thfe  Trea.-ur)',  not  otber- 
wif-e  appropriated,  for  the  purpose  of  putting  the  same  in  successful  operation. 

Approved  March  0th,  IbCo.  .iu.'..;- 


36 

CHAPTER  VI. 

JOINT  RESOL  UTION,  in  response  to  Joint  Resolution  of  the  General  Assernhly 

of  the  State  of  Florida,  approved  December  llth,  1862.    ■ 

Whereas,  "With  nations  as  with  individuals,  the  consciousness  of  sym- 
pathy and  support  strengthens  and  encourages  them  in  the  struggle,  in  the 
onward  path  of  duty,  against  difficulty  and  danger,  and  operates  as  an  incen- 
tive to  renewed  exertion — Therefore, 

Resolved,  1.  That  the  people  of  Texas  fully  appreciate  the  pledge  of  sym- 
pathy and  assistance  tendered  by  the  General  Assembly  of  the  State  of 
Florida  to  her  sister  States  of  the  Confederacy,  by  joint  resolution,  approv- 
ed Dec?.  11th,  1862.  That  from  the  acknowledged  gallantry  of  the  people  of 
that  State,  nothing  less  could  have  been  expected — more  it  would  not  be 
possible  for  them  to  offer. 

Resolved  2.  That  while  the  people  of  Texas  cannot  hope  to  surpass  the 
devotion  to  a  common  cause  manifested  by  their  gallant  compatriots  of 
Florida,  they  trust  that  when  the  history  of  the  present  war  has  been  written, 
it  will  show  that  Texans  have  stood  shoulder  to  shoulder  with  the  people  of 
any  State  of  this  Confederacy,  in  battling  for  their  rights,  to  sustain  which 
they'tnutually  stand  pledged. 

Resolved  3.  That  we  reiterate  the  sentiments  contained  in  joint  resolution 
of  this  body,  approved  January  13th,  1862,  pledging  Texas  to  the  devotion 
ol  her  every  energy  to  the  prosecution  of  the  present  war  until  its  suc- 
cessful termination  in  a  peace,  concluded  upon  the  basis  of  the  unqualified 
recognition  of  the  independence  of  the  ('onfederate  States. 

Resolved  4.  That  the  Governor  of  this  State  be  requested  to  forward  a  copy 
of  these  resolutions  to  the  Governor  of  the  State  of  Florida. 

Approved  March  6th,  1863. 

CHAPTER  VII. 
JOINT  RESOLUTION,  concerning  Retaliation.. 

Resolved  by  the  Legislature  of  the  State  of  Texas,  That  we  heartily  approve 
of  the  proclamation  of  the  President  of  the  Confederate  States,  to  retaliate 
for  the  iniquities  of  Gen.  Butler,  (better  known  as  Butler  the  Beast,)  in  the 
State  of  Louisiana,  as  well  as  his  retaliation  proclamation  against  General 
McNeill,  for  the  murder  of  citizens  in  the  State  of  Missouri,  and  we  trust 
that  retaliation  will  be  strictly  and  rigidly  practiced  by  our  government  in 
all  such  cases  of  outrage,  and  we  pledge  the  people  of  this  State  to  sustain 
the  President  of  the  Confederate  States  in  all  his  measures  of  retaliation 
against  those  who  outrage  humanity  by  such  an  utter  disregard  of  the  rules 
of  civilized  warfare. 

Resolved,  That  the  Governor  of  this  State  transmit  a  copy  of  this  resolution 
to  our  members  in  Congress,  and  that  they  lay  it  before  the  President. 

Approved  March  6th,  1863. 


CHAPTER    VIII. 

JOINT  RESOLUTION  j^roviding  for  the  payment  of  the  expenses  of  the  inves- 
tigation ,  hy  the  Joint  Committee  of  Both  Hotises,  of  the  condition  of  the  Peni- 
tentiary. 

Be  it  Resolved  hy  the  Legislature  of  the  State  of  Texo^,  That  the  members  of 
the  Joint  Committee  raised  at  this  Session  of  the  Legislature  to  examine  the 
condition  of  the  Penitentiary  shall  be  entitled  to  the  same  nulage  in  travel- 


37 

ing  to  and  from  Huntsville  as  members  of  tlie  Legislature  in  traveling  to 
and  from  the  Legislature,  and  the  same  per  diem  pay  tvhile  there  discharging 
their  duties  as  members  of  the  Legislature  :  and  the  Chairman  of  the  Com- 
mittee shall  be  authorized  to  give  certificates  of  milage  and  per  diem  to  the 
members  of  the  Committee,  and  for  all  other  expenses  nfcessarilj-  incurfed 
in  the  progress  of  their  investigations,  and  the  Comptroller  shall  draw  his 
warrant  upon  the  Treasurer  for  such  amounts  as  sIj.lII  appear  to  be  due  oa 
such  certificates,  to  be  paid  out  of  the  contingent  fund  oi  this  Legislature, 
and  the  Committee  shall  have  authority  fo  adjourn  at  the  close  of  "the  pres- 
ent Session  to  meet  for  the  discharge  of  their  duties  at  Uuntsville  on  the  Glh 
of  April  next. 

Approved,  March  G,  1SG3. 


CHAPTER  IX. 

JOINT  RESOLUTION,  requesting  His  E.cceUenctj,  the  Governor,  to   disband 

all  military  organizations  knoicn  as  the  Coast  Guurds  or  Sjjy  Compa.nits. 

Skction  \.  Be  it  Resolved  by  the  Legislature  of  the  State  of  Texas,  That  it 
is  the  opinion  of  this  body  that  the  necessities  which  may  have  justiticd  such 
military  organizations,  as  above  indicated,  have  ceased  to  exist,  having  been 
fully  covered  by  a  prudent  and  competent  Confederate  force,  which''can  per- 
form all  the  services  which  was  contemplated  to  be  performed  b}-  sa'd  com- 
panies. 

Sec.  2.  It  is  further  Resolved,  That  in  the  opinion  of  this  body,  his  Excel- 
lency would  be  acting  in  compliance  with  the  wishes  of  a  largo  mnjurity  of 
the  citizens  living  within  the  counties  in  which  those  organizations  have  been 
made,  tiiat  they  be  forthwith  disbanded  and  ordered  to  be  enrolled  among 
the  militia  within  their  respective  brigades. 

Pas'^ed  March  7th,  18G3. 


CHAPTER  X. 

JOINT  RESOLUTION,  m  regard  to  Trade. 

Sec.  L  Resolved,  That  the  power  to  regulate  commerce  is,  by  the  Constitu- 
tion of  the  Confederate  States,  vested  in  Congress:  and  that  the  power 
assumed  by  the  military  authorities  of  this  department,  to  alluw,  control  and 
prohibit  the  exportation  and  transportion  of  cotton,  is  unwarranted  in  law,  is 
an  encroachment  upon  the  rights  of  the  peojile  and  upon  the  power  of  Con- 
gress, and  is  an  exercise  of  power  which  Congress  itself  has  refused  to  exer- 
cise by  act  approved  21st  May,  18G1,  and  which  tends  to  the  impuvcrishnient 
of  one  portion  of  the  people,  and  to  the  aggrandizement  and  corruption  of 
another,  and  to  expel  the  planter  and  lawful  trader  from  the  market,  to  cre- 
ate monopolies,  and  to  cause  scarcity  of  supplies  and  consequent  high  prices. 
Sec.  2.  That  our  Senators  in  Congress  be  instructed  and  uur  Representatives 
requested  to  see  that  the  R'O  Grande  trade  is  not  unlawfully  closed  or  oo- 
structed  and  that  such  regulations  be  prescribed  to  the  officers  of  custom*  as 
may  be  necessary  to  secure  to  the  people  the  benefits  of  said  trade  .and  a 
return  of  supplies  and  that  the  Governor  forward  a  copy  of  these  Resolutions 
to  our  Senators  and  Representatives  in  Congress. 
Passed  March  7th,  1803. 


INDEX  TO  THE  GENERAL  LAWS. 


A. 

Aprr.orRiATioNS.  Paof 

contingent  expenses  extra  session,  IX  Legislature,  7 

per  diem  and  mileage,  extra  session,  IX  Locislature,  7 

for  the  relief  of  sick  and  wounded  Texan  soldiers,  U 
to  defray  th.>  expenses  of  tlie  State  troops,  called  out  bv  Gon. 

Hudson,                                                                       ■  jg 

to  re-corer  certain  puMic  buildings,  28 
to  supply  a  deficiency,  for  the  pay  of  officers  and  soldiers,  Texas 

State  troops,  30 

for  support  of  State  government,  for  2  rears,  18(52  and  1803,  31 

A:>y[NI.STRATOR's    AND    ExEn.TOR's. 

see  "estates  of  deceased  persons," 
A&!Sf:«s<oR  AND  Collector. 

securities  on  bonds  of  to  be  released,  27 

Ar.sriN  City. 

providing  for  the  sale  of  public  lots  therein,  81 

Amtn  Oat?!.. 

persons  taking  it  excluded  from  office,  serving  on  juries,  kc.  12 

B 
Ba;l. 

in  ca.'e.s  of  felony,  to  be  given  in  open  court,  Ig 

if  court  is  not  in  session,  to  be  taken  bv  the  sheriff,  18 

BuiKco  County. 

see  "  counties," 

C 

Counties. 

regulating  judicial  proceedings  in  counties  in  possession  of,  or 

endangered  by  the  enemy,  S 

Blanco  county  attached  to  4tli  Judicial  District,  7 

Kendall     "  "         "     "         "  "  7 

providing  for  the   election    of  members  of  the   X   Legislature, 

from  counties  possessed  bv  the  enemy,  29 

CoiN'TY  Clerk. 

duties  concerning  Notaries  Piiblic,  14 

Chikf  Justices. 

duties  further  defined  concerning  elections,  16 

CoiTNTY  Courts. 

regnlating  proceedings  therein,  relative  to  the  estates  of  deceased 

persons,  5 

may  levy  a  specific  tax,  29 

records  of,  when   a  county  is  in  posseseiion  of  the  enemy,  to  be 


40 

Page. 

removed   and   proceedings   to  be   had   in   an   adjoining 
county,  3 

Counterfeiting. 

parties  may  be  prosecuted  where  the  offence  was  committed,  or 

the  coin  passed,  •  18 

Cattle. 

to  regulate  the  sale  of  beef  cattle,.  •  10 

Code. 

penal,  inciting  insurrection  among  slaves,  by  public  enemy,  13 

articles  34,  349  and  745  A,  amended,  and  article  669  A,  added,        12 

of  criminal  procedure,  articles   156,  190  A,   280,  644  and  960 

amended,  18 

district  attorney  to  attend  the  trial  of  habeas  corpus  cases,  18 

fee  for  such  attendance,      ♦  18 

when  abpent  the  judge  shall  appoint  a  person  to  represent  the 
State, 
Color,  Free  Persons  of 

to  provide  against  a  hostile  invasion  of  the  State,  by 
Conscript  Acts. 

punishing  persons  evading,  or  assisting  in  evading, 
Confederate  States. 

joint  resolution  in  relation  to  the  indebtedness  of, 
Confederate  Treasury  Notes. 

see  "  Treasurer," 
Coast  Guards. 

joint  resolution  recommending  the  disbanding  of, 

3D 

District  Court. 

proceedings  of,  in  counties  pos.sessed  by  the  enemy, 
time  of  holding,  in  the  4th  District  changed, 
records  of,  where  a  county  is  in  possession  of  the  enemy,  to  be 
removed  to  an  adjoining  county, 
District  Attorney. 

see  "  code  of  criminal  procedure," 
■  Domain  Public. 

price  of,  fixed, 
Deeds,  &c. 

of  trust,  property  sold  under,  to  bring  9-10tb3  of  its  appraised 

value, 
registration  of, 

Elections. 

laws  amended. 
Estates  of  Deceased  Persons. 

laws  concerning,  amended, 

executors  and  administrators  may  qualify  before  the  clerk,  or 
any  county  officer, 

claims  against  the  estate  to  be  presented  within  12  months,  ex- 
cluding the  time  of  the  executor's  or  administrator's  ab- 
sence from  the  State, 
Evidence. 

law  of,  in  criminal  cases  amended. 
Enrolling  Officers. 

see  State  troops, 
Execution. 

property  sold  under,  to  bring  9-lOths  of  its  appraised  value, 


41 

Express.  Page. 

joint  rp=olu1ion  recommending,  between  the  Rio  Grande  and  t'le 
Mississippi  rivers, 

Frontier  Regiment. 

law  creating  it,  amended, 
Forgery.  ^ 

party  may  be  prosecuted  where  the  offense  was  committed   or 

the  paper  altered,  '  ,  „ 

Florida.  ^^ 

joint  resolution  in  response  to  the  general  assembly  of  ag 

Hospital  Fdnp. 

appropriation  for,  ,, 


provided  against,  2o 

Insurrection. 


Invasion  bt  "  Persons  of  Color. 
provided  again 
I. 
see   "slaves," 

J" 

JCDGMENT. 

to  be  rendered  in  certain  cases,  ^ 

k: 

Kendall  County. 

sec  "counties," 

IL, 
Legislature,  the  10th. 

providing  for  the  election  of  members,  from  counties  possessed 

by  the  enemy,  2fi 

Limitation,  Statutes  of. 

suspended  during  the  war,  except  in  cases   of  assault  and  bat- 

tery,  &c.,  6 

Land  Office. 

price  of  domain  regulated,  and  commissioner  to  issue  certificates      11 
commissioner  to  issue  certificates  to  certain  persons,  '     23 

Notaries  Public. 

laws  defining  the  office,  and  duties  of,  amended,  14 

O 

Officers. 

death    or  rcs^ignation     of    to     be    certified    to     Secretary   of 

State  by  chief  justice.  '  16 

Public  Domain. 

regulating  the  price  of,  H 

Penal  Code. 

see  "code,"  12 

Public  Enemy. 

inciting  insurrection  among  slaves,  penaltr,  13 

persons  giving  aid  and  comfort  to,  excluded  from  serving 

on  juries  &c.,  12 

sales  made  by  to  be  void  15 

D 


42 

Pagb. 

Perjury  on  false  Swearing. 

parties  raaj'  be  prosecuted  where  the   offence  was  committed  or 

the  false  statement  used,  18 

Penitentiary. 

punishing  those  obtaining   goods    therefrom  under   false    pre- 
tences, 22- 
financial  agent  permitted  to  purchase  machinery,  18 
regulating  the  distribution  of  cloth  manufactured,                               20 
joint  resolution  providing  for  the  payment  of  the   investigating 

committee,  36 

PcBLic  Buildings. 

certain  ones  to  be  recovered,  28 

Public  Printing. 

joint  resolution  concerning,  ,  35 

Quartermasters  and  Commissaries. 

see  "  speculation  "  2 

Retaliation. 

joint  resolution  concerning  86 

Records. 

see  "district  and  "  county  court" 
S 
Sheriff. 

may  take  bail  in  certain  cases  of  felony,  18 

compensation  for  employing  guard  and  supporting  prisoners,  19 

Securities  of  Assesssors  Bonus. 

securities  on  assessors  bonds,  providing  for  their  release  2*7 

Supreme  Court. 

Galveston  spring  term  to  be  held  in  Austin,  8 

Surveyors  County. 

to  prescribe  the  residence  of,  '  3 

Slaves, 

defining  the  offence  of  incitiiig  insurrection  among,  18 

persons  proliibited  from  giving  or  selling  weapons  to,  12 

punnishraent  of  those  aiding  and  assisting  the  public  enemy,  20 

Stray  Laws. 

operations  suspended  during  the  present  war,  6 

vicious  animals  may  be  strayed,  6 

Speculation. 

to  provde  for  the  punishment  of,  in  certain  cases,  27 

Specie. 

Soldiers. 


to  be  provided  to  pay  the  specie  tax,  8 


for  the  relief  of  sick  and  wounded,  11 

to  support  the  families  of,  13 

families  and  dependents  of,  further  provided  for  and  assisted,  29 

joint  resolution  of  thanks  to,  34 

State  Teoops. 

to  defray  the  expenses  of  those  called  out  by  Gen.  Hudson,  15 

jaet  to  perfect  the  organization  of,  amended  32 
who  exempt    from  military  duty.  Governor   may  order   a    draft 

and  how,  32 

regimental  battallion  and  company  drill  suspended,  32 

.eatolljng  officers  to  receive  the  pay  of  a  Lieutenant  of  cavalry,  32 

Salines. 

joint  resolution  concerning,  35 


43 


Pabb. 


Taxes. 

Taxatiox. 
Treasurkr. 

TllADE. 

■Witnesses. 


22 
8 


assessment  and  collection  of, 

law  relative  .o  specie  tax  amended,  % 

law  to  raise  revenue  by,  amended,  23 05 

authorized  to  pay  out  C.  S.  treasury  notes  for  civil  and   military 


purposes, 
joint  resolution  in  regard  to, 

who  incompetent, 


23 
37 

18 


•'  .,•    •■■    ■  ■•V*'!'- 


'^ 


